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Embezzlement

What is Embezzlement?

Embezzlement is defined as the act of stealing property or money that one has been placed in charged of. It typically occurs in an employment setting. Accounting embezzlement is one example of embezzlement. A person may manipulate the records in order to hide the fact that they have stolen money.

People are often placed in charge of accounts in order to monitor and manage it. The owner of the accounts thinks that the people have their best interests in mind. However, people who manage accounts often use the accounts for their own personal gain.

Store clerks and bank tellers are some of the people who can commit embezzlement. They are directly in charge of money, so it will be easy for them to steal it. People may also commit embezzlement if they are put in charge of company vehicles, laptops or other property.

Some people will take a large amount of money at one time. Others will embezzle small amounts over a long period of time. People often get creative when they embezzle money. They can fraudulently bill people. They may also be involved in a ponzi financial scheme. Additionally, they may falsify employee records.

How People get Charged With Embezzlement

The following elements have to be present in order for a person to be charged with embezzlement.

  • There is a fiduciary relationship between both parties. This means that both parties trust and rely on each other.
  • The defendant is in charge of the property through the relationship that they have with the other partner.
  • The defendant must take possession of the property or transfer the ownership to another person.
  • The defendant intentionally committed embezzlement.

Common Embezzlement Defenses

The same defenses that can be used for other types of crimes can also be used for embezzlement.

Insufficient Evidence

Any charge can be dismissed if there is a lack of evidence. In fact, it is estimated that 40 percent of embezzlement cases are dismissed due to a lack of evidence.

Duress

Duress occurs when a person commits a crime because they are afraid that they will be in danger if they do not go through with it. For example, many people use this defense because they believe that they will lose their job if they do not go through with it. However, people cannot use this defense if they said that they stole the money so that they could take care of their family.

Entrapment

Entrapment is a defense that is used when a person commits a crime due to the compulsion of the government. They can argue that they would have not committed embezzlement on their own.

Insanity

Insanity can be used as an embezzlement defense. However, it is hard to use this defense for any type of crime. The success rate for this defense is extremely low.

Incapacity

Incapacity is not the same thing as insanity. You may be able to use this defense if you can prove that your mentally incapacitated during the time the crime was committed. For example, you were under the influence of a medication when you accidentally deposited money from the company into your account.

Intoxication

It is hard to use intoxication as a criminal defense for any crime. If you drink voluntarily, then the court will assume that you knew about the risks of doing so.

What Happens If I Return The Money or Property That I Embezzled?

You may be able to get a lighter sentence if you return the money or property. However, this is dependent on the manner in which you paid the company and the amount of harm that was caused.

Protect Your Interests and Hire An Attorney

The government has to be able to prove that you committed the crime that you have been accused of. You can protect your interests by hiring an attorney. A lawyer can help you put together a defense.

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Manhattan

85 Broad Street, 30th Floor
New York, NY 10005

Phone

888-977-6335

Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335