Federal Embezzlement Defense Attorney
Embezzlement: Understanding the Crime and Its Consequences
Embezzlement is a serious white-collar crime that can have financially damaging effects on the victim. As a result, the punishments associated with an embezzlement conviction are severe. Because of the nature of an embezzlement charge, many people are not aware of the investigation before they are arrested. Whether you are aware of the investigation or you have been surprised by an unexpected arrest, your next step should be to hire a federal criminal defense lawyer who has specific experience in this unique area of the law.
Understanding Criminal Embezzlement
Embezzlement and theft or larceny are similar in some regards. For example, they both involve taking property away from its rightful owner. While theft involves the act of trespassing in some way to complete the act, embezzlement does not. With this crime, there is a solid relationship between the two parties, and the victim willfully gives control of the property to the defendant. This constitutes lawful possession. From there, however, the accused party seizes the property in some way for his or her benefit or use without the intention of returning it to its rightful owner.
Some examples of this type of crime may include elaborate pyramid or Ponzi schemes. Another example is an employee stealing property or funds from a workplace. Embezzlement occurs when the items in question have been consumed, sold, given away, seriously damaged or withheld from the rightful owner in another way.
Punishments for an Embezzlement Conviction
The burden of proof lies on the prosecutor in any criminal case. If the prosecutor is successful at proving that you committed embezzlement, you could be sentenced to up to 10 years in prison. In addition, you may be required to pay a fine in the amount that you embezzled. If the amount is less than $1,000, your maximum jail sentence may be one year. On the other hand, some instances may carry a stiffer penalty. For example, you may face a $1 million penalty and up to 30 years in prison if you are found guilty of embezzling from a bank.
Keep in mind that the ramifications of an embezzlement case can impact your life in other ways. For example, a conviction may tarnish your reputation. This may make it more difficult for you to lead a normal life after your punishment has been served. A felony conviction impacts everything from your ability to get a job to your voting rights and more. Regardless of how much evidence the prosecutor has accumulated against you, an effective defense strategy may help you to avoid dealing with these ramifications.
Embezzlement Defense Strategies
The prosecutor has several burdens of proof that must be met in order to win an embezzlement case. Before you can be found guilty of this crime, the prosecutor must show that you were entrusted with the money or property in question and that you had some type of fiduciary relationship with the victim. In addition, you must have taken that property as your own unlawfully.
Defense strategies often involve poking holes in one or more areas of the prosecutor’s efforts in these areas. For example, your criminal embezzlement attorney could argue that you did not take the property for personal gain or that it was not taken unlawfully. Your attorney may turn the tables and show that you are actually a victim of entrapment rather than the perpetrator in the crime. Another defense strategy is to claim some type of mental incapacitation. In some cases, a cut-and-dry defense related to the statute of limitations is an effective defense. There is a five-year statute of limitations for embezzlement. After this period of time has passed, you cannot be prosecuted for the crime.
Schedule a Legal Consultation Today
Are you facing embezzlement charges today, or are you the subject of an embezzlement investigation? The potential outcomes of a conviction are severe on many levels, so you understandably need to confront the matter directly with the legal support of a seasoned criminal defense lawyer. This white-collar crime has unique nuances. Because of this, the right lawyer for the case is one who has specific experience working on other related cases. Connect with the law firm today to schedule a legal consultation and to explore your options in detail.
Federal Embezzlement: Understanding the Crime and its Implications
Larceny is the act of taking property belonging to someone else with their consent and having the intent to permanently deprive the true owner of it. There are many forms of larceny such as embezzlement. The general definition of embezzlement is the act of taking property entrusted to you for safekeeping. The taking is done without permission and with the intent to deprive the true owner forever. On the state level, most true owners are companies or individuals who entrusted their belongings to a specific person such as an employee or friend. Federal embezzlement, however, has its distinctions.
What is Federal Embezzlement?
Federal embezzlement is outlined in Title 18 USC Chapter 31. The crime was also defined in an 1895 case. The definition set then is the definition currently used. Embezzlement is the fraudulent appropriation of government property committed by a person entrusted with the property.
Federal Embezzlement Charges
The term “embezzlement” means that you are accused of taking property, money, or something of value from a government agency. The type of embezzlement charge you face depends on the property and the property’s value.
The type of property that can be embezzled:
- Tools or materials used for counterfeiting
- Public records
- Public property
- Public money
- Accounting of public money
The term “accounting of public money” sounds complex, but it isn’t. The term simply means that a person is accused of manipulating accounting records to hide the alleged theft of money or property. For example, the person may list a deposit for $40 instead of $400 to hide the fact that they took the $360 from a government account.
How Prosecutors Obtain an Embezzlement Conviction
A federal prosecutor must use four elements outlined in the federal statute to prove beyond all reasonable doubt that you are guilty of embezzlement. The prosecutor must use evidence to support these elements:
- You had a fiduciary or trusted relation between you and a federal government agency or state or local government agency.
- You obtained possession of the property via your employment.
- Your dealings with the government property constituted a fraudulent appropriation or conversion. This means that you allegedly took the property to use as your own.
- You had the intent to permanently deprive the government of its property.
Penalties for Federal Embezzlement Conviction
Here are the penalties for embezzling public property:
- Embezzlement of public records, money, and property valued less than $1,000 is one year in jail, $100,000 fine, or both.
- Embezzlement of public records, money, and property valued higher than $1,000 is 10 years in prison, $250,000, or both.
- Embezzlement of materials or tools used for counterfeiting is 10 years in federal prison, $100,000, or both. These materials include tools to create federal bonds or currency notes.
- Embezzlement of accounting generally done for public money valued less than $1,000 is one year in jail, $250,000, or both.
- Embezzlement of accounting generally done for public money valued higher than $1,000 is 10 years in prison, $250,000 fine, or both.
Federal Sentencing Guidelines and Conviction
The exact criminal sentence will depend on several factors such as the value of property embezzled, criminal history, and sentencing guidelines. For example, an embezzlement sentence ranges from jail time to approximately 30 years in federal prison.
In the federal government criminal justice system, points are used to determine the sentence for a federal conviction. The point system ranges from six to 36. The Base Offense Level, the lowest point level, is six. The federal government sets the Base Offense Level for embezzlement convictions for property valued at less than $1,000. The highest points are reserved for those who embezzled more than $400 million.
For example, someone convicted of embezzling property valued at $10,000 may receive 10 years in federal prison. However, if they are convicted of embezzling less than $5,000, but more than $1,000, then they may receive less time in federal prison.
Contact Federal Embezzlement Criminal Defense Lawyers Immediately
You’ve been accused of federal embezzlement. The crime is often more serious than being accused of embezzlement from a non-government entity because of hefty fines and serious prison time. If you or a loved one is suspected or charged with federal embezzlement, it’s time to fight the charge. Forget about worrying what will happen. You need to use the time to fight the charge.
The first step in fighting a federal embezzlement charge is learning as much information about the criminal charge as you can. The next step is hiring a federal embezzlement lawyer. Contact us to represent you in your federal embezzlement charge.