Overview

Embezzlement is treated as Felony in most of the states. It is generally defined as; the fraudulent use of property or goods of a person by an individual (servant or an agent) to whom the owner has entrusted the possession of the property or goods.

There is no single definition of Embezzlement. Typically, this crime occurs when a person holds legal possession of someone’s property or goods but misappropriates them.

Embezzlement is not like Larceny, as Larceny requires taking the possession of property or goods without the consent of its owner. Sometimes it can be very tricky to distinguish between Embezzlement and Larceny. To distinguish between Embezzlement and Larceny, the most important factor is authority. If a person is awarded substantial control over the property or goods by the owner and he/she misappropriates it, he/she would be guilty of Embezzlement.

For example, the manager of a grocery department store would likely to have sufficient privileges over his department but if he/she converted the goods to his/her personal use, this act would be considered as Embezzlement. On the other hand, if the same employee steals cosmetics from the cosmetic department of the store, the crime would not be Embezzlement but Larceny.
Embezzlement is a form of white collar crime. It is breach of fiduciary responsibilities placed upon a person. Embezzlement can be both large and small; from as minor as a store clerk pocketing a few bucks from a cash register to large scale embezzlements of executives worth millions of dollars.


Establishing Embezzlement Criminal Cases:

Some points must be proven to establish an embezzlement case,
     i.  There should be Fiduciary Relationship between defendant and aggrieved party .
   ii. The lost property or goods came under defendant’s possession due to this Fiduciary          Relationship.
    iii. The defendant deceitfully assumed ownership of the property/goods or transferred it into          the ownership of another.     
    iv. The defendant intentionally misappropriates the property.


Embezzlement Defense:

When an individual is charged with embezzlement, burden of proof lies on the prosecution. Prosecutors establish the point that the defendant took advantage of his position and deceitfully convert another party’s assets into his own. Some points that the prosecutor must also be proven are:

     i.  The disputed assets were recovered by way of the defendant’s employment.
   ii. The way in which the defendant allegedly manipulated the assets constitutes a           misappropriation.
    iii. There was trust between the defendant and the entity that was allegedly embezzled.    
    iv. The defendant intentionally tried to deprive the owner of the property or goods.

Embezzlement may take many forms. Sometimes the scenario is not very clear; the line between the appropriate use and misappropriation of resources is not properly defined. An experienced Criminal Defense Attorney at Lawyer’s Area can really help you defend your legal rights and can raise reasonable doubts in a court of law, which can result in discharge of all charges.


Penalties:

Embezzlement is a crime in all 50 states of U.S. In some states it is considered to be a serious crime and dealt as a felony offense. Penalties for Embezzlement may include prison time to heavy fine according to the severity of the offense. There are different types of embezzlement but in most of the cases it involves the misappropriation of property or goods. And most of the time it involves the missing cash from the company accounts and anyone who has access to that accounts can be charged for Embezzlement.
As mentioned earlier, there can be serious repercussions for any one who is convicted of Embezzlement. Penalties may include imprisonment, large fines, compensation paid to the victim, court-ordered counseling or combination of these penalties.

Need for an Attorney:

The first thing that serves best in an Embezzlement Defense is to get the services of an experienced Criminal Law Attorney, who is experienced and can effectively represent the persons accused of embezzlement. Experienced Criminal Law Attorneys at Lawyer’s Area can help you to understand charges, to organize defense and to make crucial legal decisions. Early preparation can result into the drop of charges altogether or decrease imprisonment and other penalties.