How a White Collar Crime Lawyer Can Defend an Embezzlement Charge (Part 1)
Whether you support transactions in the fields of real estate, law, or medicine, you need to speak to a white-collar crime lawyer if you’re suspected of embezzlement. To understand the law regarding embezzlement, you first need to define it. The law distinguishes embezzlement from other crimes, such as larceny or theft. Therefore, the following information will give you further insight into these variations.
How a White Collar Crime Lawyer Defines Embezzlement
If you speak to a white-collar crime lawyer, he or she will define embezzlement as financial fraud. Therefore, this type of crime, which is considered “white collar,” refers to a criminal offense committed by business or government employees who steal or misappropriate a firm’s or agency’s funds. In these cases, the employee or charged party oversees the funds or property of their employer.
How Embezzlement Is Different from Theft or Larceny
Embezzlement differs from charges of theft or larceny because the accused previously received the employer’s or owner’s permission to manage their property. This permission is based on the owner’s instructions. Embezzlement occurs when the employee takes the property or funds as their own without the owner’s permission.
By comparison, theft happens in the workplace when an employee does not have an employer’s sanction to manage their property but takes it anyway, thereby depriving the plaintiff of their enjoyment and use of the property.
Defining Theft in Basic Terms
The Legal Information Institute (LII) defines theft in basic terms as taking a person’s property with the intent of keeping the other party from using or enjoying it. When it is narrowly defined, this type of theft is called larceny.
Legally, theft is divided into grand theft and petty theft. This allows courts to decide on the type of punishment an offender receives. The amount of the goods stolen and the type of goods stolen determine whether a person is charged with grand theft (a misdemeanor or a felony) or petty theft (a misdemeanor).
For instance, California Penal Code § 487 states that grand theft involves an offense where the worth of the stolen goods goes over $950. It also defines theft as when a car or gun is taken. Therefore, grand theft may be deemed as a felony or misdemeanor, based on the severity of the charge and jurisdiction. Otherwise, petty theft (taking goods under $950) is considered a misdemeanor.
Embezzlement: Proving Your Case
If you speak to a white-collar crime lawyer about embezzlement, however, the investigation can take you on several unexpected twists and turns. It’s not simply a matter of stealing something, your job is also on the line.
Therefore, a white-collar crime lawyer must prove that you did not take the property or funds to which you were entrusted.
To prove embezzlement, the prosecution must show that you are guilty of one of the following types of actions, or similar activity:
- Moving money from a customer’s account into your own bank account.
- Altering your company’s accounting records to hide stolen assets or financial losses.
Legal Punishments for Embezzlement
Getting charged with embezzlement can lead to imprisonment and/or fines. You may receive a lesser sentence if you’re guilty if you returned or repaid the plaintiff for what you took.
However, recouping the loss depends on the degree of the embezzlement and how much harm the crime caused. Also, just because you repaid or returned what was taken does not absolve you of the crime. You still took someone else’s property.
Criminal Conversion of a Property
Again. whether an embezzlement charge is considered a felony or misdemeanor depends on the amount of money taken. Litigators may also consider the crime of criminal conversion. The Law Insider website references criminal conversion as follows:
- Knowingly or intentionally exerting unauthorized control over another person’s property; and
- Committing a compensable offense that requires proof that the offender knew or intentionally exercised control, without permission, over another person’s property.
Examining Conversion More Closely
To further understand the differences between the broader term of embezzlement and the more concise term conversion, you need to speak to a white-collar crime lawyer Los Angeles-based specialist. According to LAWShelf, embezzlement contrasts with conversion, as follows:
Embezzlement involves the unlawful conversion of someone else’s property by someone who already has possession of the property.
Conversion, on the other hand, entails holding onto or using someone else’s property in a way that conflicts with how they want to use their property. Therefore, if you interfere with the rights an owner has over their property’s use, you are guilty of conversion.
An Example of Conversion
Let’s look at an example of conversion in the workplace.
Elaine works as a stockbroker. Her client, Ms. Phelps, gives her $50,000 to invest for trading purposes. Instead, Elane takes part of the money and buys a new car. Therefore, she has interfered with her client’s ownership rights and has used the money in a way that is inconsistent with the agreed legal arrangement. Not only has Elaine embezzled the funds, but she is also charged with conversion.
Dropping Embezzlement Charges
Naturally, if you’re being investigated for embezzlement or you’re charged with the crime, you hope, eventually, the matter or charges will be dropped. If your lawyer can show the other party has insufficient evidence to prove embezzlement, you’ve won part of the battle. This strategy may be used if the other side cannot show a paper trail.
About 40% of charges for federal embezzlement are dropped because the plaintiff does not have sufficient evidence. However, it is also crucial the jury find a defendant innocent of the charge beyond a reasonable doubt. That means the prosecution must show that they cannot give any other reasonable explanation for the criminal activity.
Speak to a White Collar Law Attorney Now about Your Embezzlement Case
Whether you’re being investigated for embezzlement or wish to defend a charge, you need a white-collar crime lawyer who fully understands how to defend you against an embezzlement charge. In Los Angeles, you can rely on the experience of Jance M. Weberman. Give the firm a call immediately. Contact (213) 386-9100 now.