Timothy Eckstein

Practice Areas

Criminal Defense

Appeals

Commercial Litigation

Government & Regulatory Law

Campaign Finance & Election Law

Professional Memberships

Arizona Attorneys for Criminal Justice

Arizona Civil Liberties Union, Legal Panel

Federal Bar Association

National Association of Criminal Defense Lawyers

American Bar Association, Criminal Justice Section

Publications

“Governor Hunt, Labor, and the Bisbee Deportation,” Western Legal History, Vol. 31, No. 2 (2021); 115-130, co-authored with Paul F. Eckstein

5 Steps to Follow When Responding to a Government Subpoena, Phoenix Business Journal, November 10, 2017

Let’s reduce Arizona’s prison population and give sentencing discretion back to judges, AZCentral, August 8, 2020

Education

Experience

Tim Eckstein has developed a strong reputation in Phoenix and throughout Arizona as a criminal defense attorney and civil litigator. He has extensive experience representing clients against fraud charges and in internal investigations, particularly in health care, finance, education, and government. In 2019, Tim was named “Phoenix Lawyer of the Year” in Criminal Defense and White Collar Law by Best Lawyers®. Some of his trial cases have influenced statewide precedent, including a 2017 case that held that trial judges may weigh evidence, set aside a guilty verdict, and grant a new trial even if there is substantial evidence supporting the verdict. In another landmark case, he helped protect a defendant’s ability to present a grand jury with exculpatory evidence.

Within his practice, Tim focuses on investigations and criminal defense, appeals, and civil litigation. His broad-ranging investigation and criminal defense experience include white-collar and fraud prosecutions, and violent and other serious crimes. Tim has worked extensively on criminal appeals, special actions, and other post-conviction proceedings. He also devotes a substantial portion of his practice to civil litigation, representing businesses and individuals in a variety of commercial, contract, tort, and civil rights disputes.

Tim graduated from Harvard Law School and is an active member of a number of organizations related to criminal law, including Arizona Attorneys for Criminal Justice, Arizona Civil Liberties Union, and National Association of Criminal Defense Lawyers. He is consistently recognized for his work in criminal defense by Best Lawyers® and has been named among “Arizona’s Finest Lawyers”. Tim is ranked in Chambers USA’s Litigation on White-Collar Crime and Government Investigations section.

Work Highlights

Representative Matters:

State v. Fischer, 242 Ariz. 44, 392 P.3d 488 (Ariz., 2017)

(holding that trial judge may weigh evidence, set aside a guilty verdict, and grant a new trial even if there is substantial evidence supporting the verdict)

Ariz. Citizens Clean Elections Comm’n v. Brain, 234 Ariz. 322, 322 P.3d 139, 683 Ariz. Adv. Rep. 43 (Ariz., 2014)

(holding that legislation modifying contribution limits does not violate state constitutional requirements for modifying voter initiatives)

State v. Bigger, 227 Ariz. 196, 254 P.3d 1142 (2011)

(challenging admission of calculations of DNA-related testing and exclusion of third-party culpability evidence)

Bashir v. Pineda, 226 Ariz. 351, 248 P.3d 199 (2011)

(affirming prosecutor’s duty to provide relevant information to grand jury)

State v. Botkin, 221 Ariz. 1, 209 P.3d 137 (2009)

(statutory interpretation overturning court of appeals decision that would have required prison term)

Koch v. Lewis, 216 F.Supp.2d 994 (D. Ariz. 2001) (due process and indefinite, solitary confinement), vacated as moot upon client’s release from custody, 399 F.3d 1099 (9th Cir. 2005)

Fraud:

Representation of corporate executive in election-fraud investigation

Representation of individual accused of filing false and forged financial documents as part of loan applications

Representation of billing manager in educational institution alleged to have defrauded the veteran’s administration

Representation of public school superintendent in investigation concerning misappropriation of public funds

Representation of former managing partner of large national accounting firm in charges of fraud and embezzlement

Representation of former executive director of quasi-public agency regarding allegations of internal fraud and theft

Representation of loan officer charged in multi-million dollar mortgage fraud scheme

Representation of private charitable organization in large tax and securities fraud investigation

Representation of not-for-profit affiliate of national travel-related organization in affirmative fraud action against private contractor

Representation of a gaming technology company in a grand jury investigation concerning use of machines and other technology

Representation of attorney who was subject of an investigation into fraud and elder abuse

Representation of individual in multi-million dollar federal loan fraud investigation

Representation of loan modification business in a wide-ranging consumer fraud action

Representation of three individuals accused of running an international gambling enterprise

Representation of three individual investors in state securities fraud investigation

Health Care Fraud:

Representation physicians alleged to have violated stark law and anti-kickback statute

Representation of employee of manufacturer and distributor of mislabeled and misbranded health care products

Representation of physicians in practice alleged to have engaged in medicare fraud

Representation of accountant-employee of health care centers alleged to have engaged in Medicare fraud

Representation of dentist charged with billing fraud against a large, private insurer

Representation of physician-subject of an investigation into prescription of anti-aging medical regimes

Representation of dentist charged with fraudulent billing against a self-insured quasi-public entity

Selected Internal Investigations:

Representation at trial of professional basketball player wrongfully accused in aggravated assault

Representation of professional wrestler wrongfully accused of sexual assault

Representation of professional sports organization in an investigation concerning employee sexual misconduct

Representation of national communications company concerning misuse of equipment to broadcast illicit material

Representation of publicly-traded aerospace company in investigation responding to implementation of government contract

Representation of residential developer subsidiary of a publicly-traded company in investigation of bribery of public officials

Representation of international chemical and manufacturing company into allegations of internal fraud by a former employee

Miscellaneous:

Representation of chief legal officer of herbal and medical product manufacturer and distributor

Representation of individual employees of internet-based publisher in grand jury investigation of alleged conspiracy with third-party users