Illegal control of an enterprise and racketeering are complex legal issues that blur the boundaries between white-collar and traditional criminal offenses. At one end of the spectrum, these offenses are characterized as white-collar crimes such as fraud and embezzlement. On the other end, these crimes can mirror conventional offenses where the control of a business or organization is seized through direct, sometimes brutal methods, including physical threats or outright extortion.  

If you are facing charges related to illegal control of an enterprise or racketeering in Phoenix, AZ, seeking experienced legal counsel is crucial. The Nava Law Firm is determined to build a solid defense curated to your specific needs for a favorable outcome for your case. Call us today to schedule a free consultation to learn how we can help and defend your rights.

In Arizona, particularly as stated under the Arizona Revised Statutes (A.R.S.) §§ 13-2301, 13-2312, 13-2313, and 13-2314, the charges of "Racketeering" and "Illegal Control Of An Enterprise/Illegally Conducting An Enterprise" are among the most grave "White Collar" offenses. 

‍

A.R.S. §13-2312(A) specifies "the Illegal Control of an Enterprise" as when an individual gains or maintains control over an enterprise via Racketeering activities or its proceeds. These offenses encompass a wide range of activities, such as the following:

‍

White Collar Offenses Include:

‍

1. Theft
2. Making false claims, whether through deceptive means such as fraud or even arson.
3. Deliberate or careless false statements or publications related to land dealings, encompassing sales, leases, subdivided land sales, and more.
4. Reselling real estate with fraudulent intentions.
5. Fraudulent actions in the trading of securities, both in their buying and selling.
6. The unscrupulous sale of unregistered securities or property securities.
7. Orchestrating a scheme or artifice to defraud.
8. Engaging in actions that unlawfully restrain trade or commerce, as outlined in A.R.S. §34-252.
9. Money laundering activities.
10. Counterfeiting, specifically in ways described in A.R.S. §44-1453.

‍

When "Blue Collar" offenses involve racketeering and are committed for financial gain, these crimes include:

‍

1. Homicide
2. Robbery
3. Kidnapping
4. Forgery
5. Bribery
6. Illegal gambling activities
7. Usury
8. Extortion and related activities
9. Trafficking in prohibited substances or items, ranging from drugs and weapons to stolen property.
10. Participation in criminal syndicates.
11. Actions that obstruct or hinder ongoing criminal investigations or prosecutions.
12. Producing or promoting obscene material.
13. Exploiting minors sexually.
14. Prostitution rings.
15. Acts of terrorism.
16. Obscene or indecent telephonic communications targeting minors for commercial gains.
17. Engaging in animal or ecological terrorism.
18. Human smuggling.

In Arizona, the illegal control of an enterprise is a serious offense, with varying degrees of penalties based on the specifics of the crime. At its core, the charge is categorized as a Class Three (3) Felony, carrying significant legal ramifications.

The Arizona Revised Statutes (A.R.S.) §13-2312(B) details the offense of "Illegally Conducting an Enterprise." To fall under this statute, an individual, whether associated with or employed by an enterprise, must operate it through racketeering or knowingly participate in the operations of an enterprise that utilizes racketeering. This specific act is also designated as a Class Three (3) Felony, aligning it with the severe repercussions of illegal control.

‍

However, the involvement of a minor in either of these offenses changes the legal landscape dramatically. If a person is found guilty of violating the statutes sections A or B, and a minor is involved in the related activities, the charge's severity escalates to a Class Two (2) Felony. The difference between these classifications is pronounced in terms of potential jail time:

‍

• A Class 3 felony conviction, where a minor isn't involved, may result in a prison sentence ranging from a minimum of 2 years to a maximum of 8.75 years.
• A Class 2 felony conviction, which may arise when a minor is implicated, can lead to a more prolonged incarceration period, ranging from 3 to 12.5 years.

‍

Beyond the immediate threat of imprisonment, there are other significant consequences. Those convicted may face probation periods following their release. Moreover, the enduring impact of a felony conviction on one's record can alter life's trajectory. A felony status can hinder future employment opportunities, limit housing options, and restrict certain civil rights, such as voting or firearm ownership. Given the profound implications of such charges, securing knowledgeable legal representation is paramount for anyone facing these allegations.