Irvine Embezzlement Defense Attorneys
WHITE COLLAR CRIME CHARGES
Embezzlement
Embezzlement is a white collar crime and a form of financial fraud. Though it is a type of theft, there is a clear legal distinction of what constitutes embezzlement. By definition, embezzlement is the fraudulent appropriation of money or property for personal use and/or gain by a person who was entrusted with the care of that money or property. In most cases, embezzlement is committed by an employee against an employer, which is why embezzlement is sometimes called "employee fraud" or "employee theft." This is also why embezzlement is often associated with corporate fraud. The key difference between embezzlement and other theft crimes is that an embezzler legally possesses or is authorized to access the money or property.
Common Methods of Embezzlement
Embezzlement is usually a methodical and premeditated act that involves one person taking funds in small increments without the knowledge or consent of others. This is usually accompanied by falsifying all necessary documents to conceal the embezzlement. Such practices may continue for years, even decades, before they are detected. Embezzlement may be minor, only involving small amounts of money or property, or very complicated, involving multiple people, large amounts of money or property, and convoluted schemes. Needless to say, the larger the scale of embezzlement, the harsher the penalties, especially if the Federal Bureau of Investigation (FBI) becomes involved.
California Embezzlement Laws
California Penal Code ยง 503 establishes the crime of embezzlement as "the fraudulent appropriation of property by a person to whom it has been [entrusted]." In order for prosecutors to prove that a suspected embezzler is guilty, they would have to prove that the suspect had some legal claim to the money or property and betrayed the trust of the victim to fraudulently make the money or property his or her own. The prosecution of embezzlement is much more complicated than that of theft, however, the penalties remain generally the same.
Penalties
Once convicted, an embezzler is subject to the punishments set forth for theft crimes of the same property or monetary value. These are split into two degrees: grand theft and petty theft. If the value of the embezzled funds or property exceeds $950, then the offender is guilty of felony grand theft and is punishable by a county jail sentence of 16 months, two years, or three years. If the value of the property or money embezzled is less than $250, then the offense is punishable as petty theft, which carries a maximum fine of $1,000 and/or a county jail sentence of one year.
Depending on the number of crimes committed throughout the embezzlement period and the value of assets taken, additional penalties, such as a state prison sentence and/or restitution, may be imposed.
How an Aggressive White Collar Crime Defense Lawyer Can Help
Embezzlement can be an act of desperation in uncertain economic times, or even an act of vengeance against a bad employer, however, most of the time, embezzlement charges are brought up as the result of false accusations or misleading evidence. If you have been accused of embezzlement in California, contact the aggressive Santa Ana embezzlement defense attorney Jeremy N. Goldman for a consultation of your legal rights and options. Everyone deserves a strong defense. Call (800) 349-1619 today.
