Top Embezzlement Lawyers Near Me

Embezzlement means that an individual improperly uses funds, goods or property which was lawfully entrusted to them. Fraud where there’s theft of money from a person or business is called embezzlement. In most embezzlement cases the most key component of the case is that the defendant was unauthorized to have or use the money in question. Regularly, employers trust employees with sensitive financial and other data and most embezzlement comes from a violation of that trust. Credit cards and other financial data that a person uses to take out without authorization some credit or some amount of money are also subject to embezzlement.

The most common things of embezzlement are:

• The assets embezzled must be someone else’s property (or that of an organization other than the defendant).
• After the defendant has been entrusted with the asset, the asset must then be tampered with such as a transfer of ownership or secrete funds away.
• The property tampered with or converted by the defendant must have been property of the rightful owner and the defendant must have willfully and intentionally defrauded said owner.

One of the most common forms of a white collar crime is fraud and embezzlement. An example of embezzlement that might occur in business setting is check forgery. An employee with access to a company fund, with or without a signature stamp, can simply draw money to his or her account or, if need be, sweep small amounts from various other accounts to cover the tracks.

Another very popular form of embezzlement is using a company credit card to make personal purchases. Illegal behavior like this may not be noticed for some time — if ever — because the amounts are often small, while the charges are, perhaps, infrequent. Maybe they are the top of the food chain as far as the financials which are attached to that card or they’re tech smart enough to hide or make excuses for the activity.
 

Depending on the jurisdiction and the severity of the crime an embezzlement conviction can either be classified as a felony or a misdemeanor.

Embezzlement is also classified as felony or misdemeanor offense at federal level. The condition for embezzlement is the value of assets appropriated or directed otherwise than has been permitted. Even if the total of the converted assets totals more than $1,000, those who defraud in federal court can be fined up to $250,000 and sent to prison for up to 10 years. Those convicted if the amount is up to less than $1,000 can face up to a year in prison as well as a maximum fine of $100,000.

Federal embezzlement is usually tried in federal court and the offense — typically — involves a government employee as the perpetrator or the assets to be held, supervised, managed or disbursed by the federal government.

These are also state level embezzlement charges. Several other states, including Alaska, Arizona, Arkansas, California and Colorado also have the escalations of both felony and misdemeanor charges available for embezzlement. If you are convicted of misdemeanor embezzlement you are likely to face three to six months county jail, in addition to relevant fines and remuneration. In the event you are found guilty of felony embezzlement you may face one to 20 years imprisonment in addition to higher fines and remuneration.

Embezzlement and larceny relate to types of theft, but larceny is defined as when the offender actually, physically, steals property from a victim. In embezzlement the offender has lawfully become possessed of the property that will eventually be stolen or misappropriated.

Charges of embezzlement have a five year statute of limitations at the federal level.

Vary from state statute to statute and statute of limitations. For misdemeanor embezzlement in New York, the statute of limitations is two years, two years for felony embezzlement. Charges on suspected embezzlers are few and far between, according to the guidelines — several states have similar guidelines as to how long, after the fact, charges can be brought.

Should you be accused of embezzlement (state or federal) you should consult an experienced criminal defense lawyer.

White collar crimes such as embezzlement, demand legal counsel, well versed in such crimes, to present the most favorable defense. They might also be able to procure a suitable plea contract where going to demo isn’t advised from your attorney’s perspective.

Retaining a criminal defense lawyer is important if you have been accused of criminal embezzlement. An embezzlement attorney stands between you and the authorities in the criminal justice system.

The process in the criminal justice system is often difficult to understand. A person with no experience in law may not know how severe their crime is. Hiring an attorney who focuses on embezzlement helps you understand what kind of penalties you might incur. An embezzlement lawyer may help you in a number of additional ways such as:

• Telling the court what you are accused of
• Check the police report to make sure it does not have any errors.
• Objecting to the use of evidence obtained illegally
• Connecting you to the justice system
• Reviewing the investigations done during the case
• Creating a defense strategy with you
• Using defenses that can lessen or eliminate your embezzlement charges
• Talking about the choices you have
• Getting you a settlement offer

Embezzlement is taken quite seriously by the criminal justice system. A criminal record could limit your opportunity to find employment in the future. The right way to have your case resolved in your favor is to recruit a criminal defense lawyer.