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Overview
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.
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
Awards
- Chambers USA, “America’s Leading Lawyers for Business”, Litigation: White-Collar Crime & Government Investigations, 2015-2024
- Best Lawyers®, White Collar Criminal Defense, 2011-2025
- Best Lawyers®, “Phoenix Lawyer of the Year”, Criminal Defense: White-Collar Law, 2019
- Arizona Star, Benchmark: Plaintiffs, 2011-2012
- Southwest Super Lawyers, Criminal Defense, 2012-2024
- Benchmark Litigation, “Future Star”, 2021
- Arizona’s Finest Lawyers
Activities
Professional Activities
- 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
- Arizona Supreme Court, Ad Hoc Committee on Rules of Evidence, 2010-2012
- Arizona Supreme Court Standing Committee on Rules of Evidence, 2012-2018
- Arizona Supreme Court Task Force of the Arizona Rules of Criminal Procedure, 2016-2017
- Horace Rumpole Inn of Court, 1999-2003; 2005-2017
- United States Court of Appeals for the Ninth Circuit, Attorney Admission Fund Committee, 2011-2015
Community Activities
- Jewish Community Relations Council of Greater Phoenix, Board President, 2021
- American Jewish Committee, President (Arizona Region), 2012-
- Arizona High School Mock Trial Program, Coach (Central High School), 1998-2001
- Jewish News of Greater Phoenix, Contributing Editor, 2007-2013
- Pardes Jewish Day School, President, 2016-2018
- Pomona College Alumni Association, Arizona Chapter Co-Chair, 1999-2005
Insights
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
Presentations
- Evidence Law Update, State Bar of Arizona, 2015-2018
- Criminal Rules Update, The Association of Solo Practitioners and Small Firms of Arizona Second Annual CLE Marathon, 2018
- 2018 Arizona Rules of Criminal Procedure Update, State Bar of Arizona, 2017
- Annual Arizona Supreme Court Review, State Bar of Arizona, 2010-2013
- Working with the Arizona Court of Appeals, State Bar of Arizona, 2009-2016