Embezzlement Crimes

What Are Embezzlement Crimes?

Embezzlement Crimes are a form of financial fraud and theft that occurs when a person entrusted with managing or overseeing the assets of an organization, company, or individual misappropriates those assets for their personal gain. It involves the fraudulent diversion of funds or property that the individual has been legally entrusted to handle for the benefit of someone else.

Embezzlement crimes can be charged at the state and federal levels. It is also possible to be charged at both state and federal levels for the same crime.

Some Common State Embezzlement Crimes Include:

Public Official Embezzlement – This involves elected or appointed public officials using their positions to steal public funds or resources for personal use. For example, a government official may divert funds allocated for a public project into their own bank account.

Employee Embezzlement – Employees entrusted with handling finances or assets for their employer may embezzle funds. For instance, an employee working in accounting may manipulate financial records to siphon off money from the company.

Non-Profit Organization Embezzlement – Individuals working in non-profit organizations may misappropriate funds meant for charitable purposes. They might divert donations or grants to their personal accounts.

School District Embezzlement – School administrators or employees may embezzle money intended for educational purposes. This could involve stealing school funds, such as fundraised money or grants.

Charity Embezzlement – Individuals involved in charitable organizations might divert funds meant to help the needy for their personal use.

Union Embezzlement – Union officials or employees might embezzle union dues or other funds designated for union activities.

Banking Embezzlement – Bank employees who handle customer accounts or financial transactions may engage in embezzlement by misappropriating funds.

Insurance Embezzlement – Insurance agents or employees may embezzle insurance premiums or claim payouts.

Healthcare Embezzlement – Employees within the healthcare industry may embezzle funds meant for patient care or insurance reimbursements.

Real Estate Embezzlement – Real estate professionals may embezzle money from property transactions, such as rental payments or escrow funds.
These are just some examples, and state embezzlement crimes can take many forms depending on the context and the individuals involved.

State Penalties Can Include:

Fines – The embezzler may be required to pay fines as part of their punishment. The amount of the fine can vary based on the severity of the crime and the amount of money or property involved.

Restitution – In many cases, the court may order the embezzler to repay the full amount of money or the value of the property that was embezzled.

Probation – Some individuals convicted of embezzlement may receive probation instead of or in addition to incarceration. During probation, the person must adhere to certain conditions and regularly report to a probation officer.

Imprisonment – Conviction for embezzlement can lead to imprisonment, especially in cases where significant amounts of money were misappropriated, or the crime involved aggravating factors.

Parole – After serving a portion of their prison sentence, some individuals may be released on parole. Parole involves supervised release, and the person must comply with certain conditions and restrictions.

The severity of the penalties can be influenced by factors such as the amount of money or property embezzled, the defendant’s criminal history, whether the embezzlement was a one-time occurrence or part of an ongoing scheme, and other aggravating or mitigating circumstances.

Some Common Federal Embezzlement Crimes Include:

Federal embezzlement crimes are prosecuted under various federal statutes, and the penalties can be severe, including fines, restitution, and imprisonment. Some of the federal laws that deal with embezzlement and related offenses include:

18 U.S.C. § 641 – This statute makes it a crime to embezzle, steal, or convert to one’s own use any money, property, or records of a federal agency or any organization that receives federal funds.

18 U.S.C. § 654 – This law specifically addresses embezzlement by officers or employees of the United States.

18 U.S.C. § 666 – This statute deals with theft or embezzlement from programs or entities receiving federal funds. It applies to state and local governments, as well as organizations and agencies that receive federal assistance.

18 U.S.C. § 656 – This law addresses embezzlement by any officer, director, agent, or employee of any insured bank.

18 U.S.C. § 1951 – This statute covers various crimes related to extortion and includes provisions related to the use or threat of physical violence.

18 U.S.C. § 1956 – This law relates to money laundering, which can be a related offense in cases of embezzlement.

Federal Penalties Can Include:

Incarceration – Convicted individuals may face significant prison sentences, ranging from a few years to more than a decade, depending on the severity of the offense.

Fines – In addition to imprisonment, individuals found guilty of embezzlement may be ordered to pay substantial fines. The amount of the fine can be based on the value of the embezzled funds.

Restitution – Courts may also order the defendant to pay restitution to the victim(s) to compensate for the financial losses incurred due to the embezzlement.

Probation – In some cases, instead of or in addition to imprisonment, the court may sentence the defendant to probation, during which they will be supervised and required to adhere to specific conditions.

Asset Forfeiture – The government may seek to seize assets obtained through embezzlement or assets used in the commission of the crime.

It’s important to note that specific penalties can vary significantly based on the particular federal statute applied to the case and the unique circumstances surrounding the embezzlement. Additionally, repeat offenders or individuals involved in large-scale embezzlement schemes may face more severe penalties.

What Does an Embezzlement Crimes Defense Attorney Do?

An embezzlement crimes defense attorney is a legal professional who specializes in representing individuals or entities accused of embezzlement. The role of an embezzlement crimes defense attorney involves several key responsibilities, including:

Legal Representation – The attorney serves as the primary advocate for the accused during all stages of the legal process, from the initial investigation through trial and, if necessary, appeals.

Case Analysis – The attorney thoroughly examines the evidence and facts surrounding the embezzlement allegations to identify any weaknesses in the prosecution’s case and build a strong defense strategy.

Protecting Rights – Ensuring the accused’s constitutional rights are protected throughout the proceedings is crucial. This includes safeguarding against unlawful search and seizure, ensuring the right to remain silent, and protecting against self-incrimination.

Negotiations – Often, the attorney will engage in negotiations with the prosecution to seek a plea bargain or reduced charges, if appropriate and beneficial to the accused.

Investigation: Conducting an independent investigation to gather evidence and witness testimonies that may support the defense’s position or challenge the prosecution’s case.
Expert witnesses: Engaging the services of expert witnesses, such as forensic accountants or financial analysts, to present a professional analysis of the financial transactions in question.

Court Representation – Representing the accused in court, presenting legal arguments, cross-examining witnesses, and presenting evidence to support the defense’s position.

Pre-Trial Motions – Filing motions with the court to challenge the admissibility of certain evidence or to request dismissals based on legal grounds.

Jury Selection – Participating in the process of selecting a jury and ensuring that a fair and impartial jury is chosen.

Post-Trial Matters – If the accused is found guilty, the attorney may work on post-trial matters, such as filing appeals or seeking reduced sentences.

Embezzlement crimes defense attorneys play a crucial role in ensuring that the accused’s rights are protected and that they receive a fair trial. It’s essential for individuals facing embezzlement charges to seek experienced and skilled legal representation to achieve the best possible outcome in their case.

The lawyers at The Attorneys For Freedom Law Firm have been representing people charged with embezzlement crimes in both state and federal court for over 3 decades. Our attorneys have the experience and knowledge to provide the best possible defense of these charges.

To schedule a Strategy Session with an experienced 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 or our Hawai’i office at 808-647-2423.