What are Federal Embezzlement Crimes?
Federal embezzlement crimes refer to criminal acts involving the misappropriation or theft of funds or property entrusted to someone’s care, who is a federal employee or is associated with a federal agency or program. Embezzlement generally occurs when an individual with lawful access to another person’s or organization’s funds or assets misappropriates or converts them for their personal use, without authorization.
Types of Federal Embezzlement Crimes
In the federal context, embezzlement crimes are typically prosecuted under various federal statutes, such as:
• Theft or Embezzlement from the Government: This offense involves the misappropriation or theft of money, property, or funds owned or managed by the federal government. It encompasses acts committed by federal employees, contractors, or individuals entrusted with federal resources.
• Theft, Fraud, or Embezzlement by Bank Officers or Employees: This offense applies specifically to individuals employed by banks or other financial institutions pursuant to federal jurisdiction who engage in fraudulent activities or embezzle funds entrusted to them.
• Embezzlement from Employee Benefit Plans: This crime involves the misappropriation of assets from employee benefit plans, such as pension funds or retirement accounts, governed by the Employee Retirement Income Security Act (ERISA).
• Embezzlement from Federal Programs or Grants: This offense relates to the misappropriation of funds or property associated with federal programs, grants, contracts, or assistance provided by federal agencies.
Penalties
The penalties for federal embezzlement crimes can vary depending on the specific offense and the value of the funds or property involved. Here are some general guidelines:
18 U.S.C. § 641: Embezzlement, theft, or conversion of public money, property, or records: This statute applies to embezzlement of government funds or property. The penalties for a violation of this statute include imprisonment for up to 10 years, fines, or both. If the offense involves a value exceeding $1,000, the penalty increases to imprisonment for up to 10 years, fines, or both.
18 U.S.C. § 666: Theft or embezzlement from programs receiving federal funds: This statute covers embezzlement from organizations that receive federal funds, such as government contractors or non-profit organizations. The penalties for violating this statute include imprisonment for up to 10 years, fines, or both. If the offense involves a value exceeding $5,000, the penalty increases to imprisonment for up to 20 years, fines, or both.
18 U.S.C. § 643: Embezzlement or theft from employee benefit plans: This statute deals specifically with embezzlement from employee benefit plans, such as pension or retirement funds. Violations of this statute can result in imprisonment for up to five years, fines, or both.
These penalties are general guidelines, and the specific circumstances of each case and defendant can dramatically impact the final outcome. Additionally, multiple charges or additional related offenses can result in cumulative penalties.
What Does a Federal Embezzlement Crimes Defense Attorney Do?
A federal embezzlement crimes defense attorney provides legal representation and defense to individuals who have been accused of embezzlement at the federal level. Embezzlement involves the misappropriation or theft of funds or assets entrusted to someone’s care, typically by an employee or fiduciary. The role of a federal embezzlement crimes defense attorney includes the following:
Legal counsel: The attorney advises the client on their rights, the charges they are facing, and the potential consequences of the case. They explain the legal process, review the evidence against the client, and discuss possible defense strategies.
Investigation: The attorney conducts a thorough investigation into the embezzlement allegations, seeking any evidence that may support the client’s defense. This may involve reviewing financial records, analyzing transactional data, interviewing witnesses, and engaging the services of forensic accountants or other experts.
Defense strategy: Based on the findings of the investigation, the defense attorney formulates a strategy to challenge the prosecution’s case. This may involve raising doubts about the evidence, disputing the intent to embezzle, questioning the accuracy of the financial records, or challenging the legality of the investigation or evidence collection.
Negotiations: The attorney may engage in plea negotiations with the prosecution to secure a favorable plea deal if appropriate. This could involve reducing the charges, seeking a lenient sentence, or exploring alternative resolutions to the case.
Trial representation: If the case proceeds to trial, the defense attorney represents the client in court. They present arguments, cross-examine witnesses, and challenge the prosecution’s evidence to prevent the prosecutor from convincing the judge or jury of the client’s guilt beyond a reasonable doubt. Said another way, the defense attorney establishes reasonable doubt.
Sentencing advocacy: In the event of a conviction or guilty plea, the defense attorney advocates for the most favorable sentencing outcome for the client. This may involve presenting mitigating factors, such as the client’s lack of a criminal record, their remorse, or their cooperation with authorities.
Throughout the entire process, the defense attorney’s primary goal is to protect the client’s rights, build a strong defense, and obtain the best possible outcome considering the circumstances surrounding the embezzlement charges.
The lawyers at the Attorneys For Freedom Law Firm have decades of experience defending clients charged with federal crimes. Our attorneys have the experience and knowledge to provide the best possible defense of these charges.
To schedule a Strategy Session with an experienced federal embezzlement crimes attorney, contact the Attorneys For Freedom today. We can be reached online at AttorneysForFreedom.com or by calling our Arizona office at 480-755-7110.
