Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Last Updated on: 15th October 2023, 01:15 pm
Being charged with embezzlement can be an incredibly stressful and frightening experience. Many people facing these charges feel confused about the legal process and worried about the potential consequences. However, having an experienced federal criminal defense attorney on your side can make all the difference. This guide will provide an overview of federal embezzlement laws, possible defenses, and the role a lawyer can play in achieving the best possible outcome in your case.
Embezzlement refers to the act of fraudulently taking money or property that has been entrusted to your care. It differs from regular theft because the original taking of the property was legal – you had permission to possess it through your job or position of trust. However, you breached that trust by misappropriating the property for your own benefit.
The essential elements the prosecution must prove are:
The penalties for federal embezzlement depend on the value of the money or property stolen:
Fines can be set at up to twice the amount embezzled. For large sums from federal institutions, penalties can be up to 30 years and $1 million fines. Restitution is also typically ordered.
The good news is there are various defenses that an experienced attorney can use to get your charges reduced or dismissed. Some potential defenses include:
Since embezzlement requires intent to deprive the owner, proving you did not have this intent could defeat the charges. For example, if it was a misunderstanding about your authority to use funds or property.
This applies when you were induced by government agents to commit a crime you otherwise would not have. Your attorney can argue you lacked criminal intent.
If you can show you were forced to embezzle under threat of harm, this can negate criminal liability.
If you had a reasonable, good faith belief that your actions were lawful, this can defeat criminal intent.
If you can show you lacked mental capacity to form criminal intent due to intoxication, mental illness, etc., this can defeat charges.
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