Embezzlement charges can be brought against a defendant accused of fraudulent conversion of another person’s property. For a prosecutor to file embezzlement charges, it must be clear that the person accused of fraud was in a position of trust. Most commonly, a person accused of embezzlement is an employee, agent, or corporate officer. Another factor that prosecutors must be able to prove for an embezzlement charge to be valid is to show that the person accused of embezzlement meant to defraud the owner of the property when the conversion occurred. Another requirement is that the property involved in the investigation has value. However, the particular value of the item is not important. In the most court of laws, embezzlement is considered a white collar crime, includes serious consequences, and could even result in jail time. Due to the seriousness of this crime, criminal lawyers recommend anyone accused of this offense to hire an attorney as soon as possible.
What is Embezzlement?
One of the most important ways a defendant can help their case is by understanding the charges being brought against them. To understand embezzlement charges, a person needs to determine whether they are considered an insider at an organization or their place of business. Most embezzlement charges revolve around an insider not living up to their fiduciary responsibilities. Most often this is done by the person siphoning some of the profits for
themselves before depositing them into the proper accounts. In layman’s terms, they steal money or property that they have been charged or responsible for.
Embezzlement is a White Collar Crime
Embezzlement is most often associated with white collar criminals because the action usually takes place in a business atmosphere. Whether a defendant is accused of doctoring accounts or siphoning money away from the company, it may be considered embezzlement under the law.
Due to the unique nature of embezzlement charges, it may take years for a business, corporation, or organization to realize a theft has occurred. This is especially true when someone has taken small amounts of money at a time. Most often embezzlement is discovered when a company or business has a 1RS or internal audit. Embezzlement Crime Defense
The complexity of embezzlement charges makes it difficult to prosecute and hard to defend. For this reason, it is vital that a person accused of embezzlement chooses a criminal lawyer with forensic accounting back-up. For an accused to account for money that has gone missing, it is necessary to work with someone that has extensive knowledge of forensic accounting. Additionally, the prosecution involved in an embezzlement case also has to prove the crime occurred beyond a reasonable doubt. To provide the burden of proof, prosecutors will have to
prove that the defendant intended to cause the property concerned to be withheld from its rightful owner. The burden of the evidence in embezzlement charges can be hard to determine since money or property can be hidden in several ways that the prosecution doesn’t have the means to pursue.
Like many other larceny charges, embezzlement has many different penalties associated with it. When prosecutors are bringing larceny charges against a defendant, they will base the severity of the charges on the amount of the property taken. The larger the amount of money or property value embezzled, the more severe the penalties will be.
Embezzlement Defense Lawyer
When you are choosing a criminal attorney for your embezzlement case, it is important to choose an attorney familiar with business crime, financial issues, and complex accounting techniques. White-collar criminal defense attorneys are usually the best choice for this particular type of case. In most scenarios, individuals charged with embezzlement are used to being in charge. However, when faced with the serious crimes associated with embezzlement, the individual used to power may feel utterly powerless. If you find yourself in this situation in New York or New Jersey, you can contact Mark Yampaglia. Mr. Yampaglia will listen to your side of the story, review the facts of the case, evidence the prosecution has against you and deliver an honest evaluation of your situation.