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Embezzlement
Embezzlement is the theft of property or money by a person or an entity responsible for handling the assets. Embezzlement occurs in corporate settings. It differs from larceny in that assets are initially acquired legally. Because of this a person or corporation can be falsely accused or falsely charged with embezzlement even if no criminal intent to commit a crime existed. As an example, an unpaid loan can result in accusations of embezzlement.
If you or a loved one has been accused of embezzlement, please call us and speak to an experienced criminal defense attorney who can evaluate your case FREE of charge and inform you of your legal rights and options.
Defenses to Embezzlement
For any criminal charge, including embezzlement, the burden of proof always lies with the prosecution. That burden never shifts. Prosecutors must establish a defendant took advantage of his position and intentionally converted another party's assets to his own or to someone else's benefit. The prosecution must also prove beyond a reasonable doubt that:
• The assets were taken via the defendant's position or employment.
• The defendant's actions regading the misappropriated assets were intentionally fraudulent.
• The defendant occupied a position of trust between the defendant and the embezzled entity.
• The defendant intended to deprive the entity of its assets.
Embezzlement can be difficult to prove because sometimes, the line between the appropriate movement of assets and their theft are not entirely clear. A good criminal defense attorney with experience in white collar crime and in handling these cases can help defend your legal rights and may be able to raise effective reasonable doubts before a jury. If done well it can lead to an acquittal of all charges.
Consequences of Embezzlement Charges
Embezzlement charges can carry serious consequences whether or not the accused is actually guilty. Accusations are embarrassing. The accusation of embezzelment itself can ruin reputations. A conviction for embezzlement can result in huge fines, a prison sentence up to 20 years depending or both. Exposure to harsh penalties depend upon the value of assets taken, the nature of the organization embezzelled from among other factors. To ensure your legal rights are fully protected, retain a highly qualified and experienced criminal law lawyer who knows the ins and outs of white collar crime and understands embezzlement law. Particuarly in matters of corportate crime, its essential to have an experienced attorney on your side to work at influencing a reduction of the charges or know when the facts can be challenged effectively at trial in order to get an acquittal.
If you or a loved one has been accused of embezzlement, please contact us for a FREE consultation. Speak with an experienced white collar crime attorney who knows that area of the criminal law. We arededicated to aggressively defend your rights to help ensure you are not unduly or wrongfully punished.
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