How AI is Reshaping Criminal Investigations and Fraud: Insights from Defense Attorney Josh Kolsrud

Artificial Intelligence (AI) is rapidly transforming every industry, but few areas feel its impact as sharply as the criminal justice system. During a recent appearance on Fox10 News in Phoenix, Defense Attorney Josh Kolsrud discussed how AI-generated images, voices, and analytical tools are both empowering law enforcement and creating new challenges for defense attorneys, courts, and the public. Here are some key insights offered by Josh on the growing role of AI in fraud cases and police investigations, as well as practical advice for staying safe in a high-tech world.

Arizona: Ahead of the Curve on AI and the Law

Arizona is leading the way when it comes to tackling the legal implications of AI-generated content in criminal cases. For example, in child exploitation investigations, defense attorneys have raised arguments about whether AI-generated “victims” (created wholly by computers) fall outside the scope of laws designed to protect real people. Unlike over half of U.S. states who haven’t updated their statutes, Arizona’s legislation has been amended to include AI-generated images as prosecutable offenses. However, gray areas remain—especially when AI images deviate from typical human appearance (e.g., added tails or elf ears). As these edge cases emerge, Arizona’s courts are poised to address them, but it’s clear the law is still racing to catch up with technological advances.

How Criminals and Law Enforcement are Using AI

Historically, criminals are often early adopters of new technology—and AI is no exception. Sophisticated scams are multiplying, with billions of dollars at stake. For example, Mexican cartels reportedly generate up to a third of their income from high-tech fraud, including scams where AI is used to impersonate family members and solicit money.

On the other hand, police departments—like Scottsdale PD—are embracing AI as well, integrating tools like ChatGPT into their Axon body camera system. This technology automatically generates accurate police reports from recorded video, saving officers valuable time. Law enforcement also employs AI to analyze cell phone data to determine who was present in specific locations and to predict high-crime areas—although these predictive tools raise valid concerns about historical bias and potential unfair targeting.

Protecting Yourself from AI Voice Scams

AI-generated voice scams are not just the stuff of news headlines—they hit close to home. Josh’s own family experienced this when scammers used a nearly perfect imitation of his voice to try to trick his grandparents into sending money for a fabricated “emergency.” Fortunately, his family double-checked before acting, but the fear and emotional stress were real.

Josh’s advice for clients and families:

• Establish a code word or unique phrase within your family. In any real emergency, use this code to verify someone’s identity before transferring money or sharing sensitive information.
• Lock down your social media. Limit access to your posts, images, and videos to trusted friends and family. The more voice and video content of you that’s publicly available, the easier it is for scammers to replicate your likeness.
• Be cautious of unsolicited communications—especially those pressuring for urgent action or secrecy.

Law Enforcement and Privacy: Social Media and Genetic Data

AI-powered facial and voice recognition isn’t just in the hands of criminals. Police agencies monitor social media for public images and videos, creating repositories that can be used to identify suspects and witnesses. This method can be highly effective—but also raises privacy concerns about how and when your digital likeness is used.

A particularly controversial use of modern technology occurred in the Idaho “Brian Kohberger” case, where the FBI couldn’t find a direct DNA match for evidence collected at a crime scene. Instead, they uploaded the DNA profile to genealogical databases like Ancestry.com and 23andMe, ultimately identifying family members and narrowing in on the suspect. This technique is lawful and available to anyone, but it opens new debates about privacy and the scope of police investigations.

The Bottom Line

AI is not just reshaping how crimes are committed; it’s redefining how they are investigated—and defended. The law will continually need to adapt to balance public safety, effective law enforcement, and basic civil liberties. Arizona is demonstrating leadership in staying ahead of threats posed by AI, but all Arizonans—and citizens everywhere—should take basic steps to protect themselves and remain vigilant.

If you have questions about how AI might impact your case, or need advice on protecting your family from new and emerging scams, Kolsrud Law Offices is here to help.

Josh Kolsrud is a Phoenix-based criminal defense attorney and founder of Kolsrud Law Offices. For more information or a confidential consultation, contact us today.