Top Gilroy, CA Embezzlement Lawyers Near You

What Is Considered Embezzlement?

If someone is entrusted with property or money, theft of the property or money may be considered embezzlement. Embezzlement is a type of theft, but it differs from ordinary theft because the person stealing something is in a position of trust with the property owner. Embezzlement often refers to theft from an employer or business.

Embezzlement is generally considered a “white-collar crime,” which involves theft for personal gain through non-violent means, including theft or larceny through violation of a position of trust. Embezzlement could include a one-time theft or occur regularly over the course of years with attempts to cover up detection of the theft.

What Are Examples of Embezzlement?

There are several examples of embezzlement, including theft of money, property, or services. Embezzlement could involve taking a couple of hundred dollars worth of office supplies or embezzling millions of dollars from a company over a period of years. Embezzlement can involve:

• Employees
• Independent contractors
• Accountants
• Financial advisor

Misuse of Company Credit Card: A salesperson does a lot of travel for their employer. The salesperson may have a company credit card and has to account for all travel expenses over $50. If the salesperson uses the company card to buy items for personal use that are under $50, it may be considered embezzlement from the company.

Fake Invoices or Vendors: An employee in the accounting department was responsible for processing payments to vendors for the business. If the employee makes payments to their own bank account and covers it up with fake invoices, it may be considered embezzlement of company assets.

Misappropriation of Funds: A financial broker may be charged with managing investment funds for an elderly client. The broker has control over many of the financial assets and the client has entrusted the broker with managing the funds according to their fiduciary duty. If the advisor falsified documents and made unauthorized wire transfers to a personal account, that could be considered embezzlement.

What Are the Penalties For an Embezzlement Conviction?

Embezzlement can be treated like other theft or larceny criminal offenses. The penalties for an embezzlement conviction may depend on a number of factors, including:

• Value of the property or amount of money involved
• Number of victims
• Whether embezzlement was part of a criminal enterprise
• If theft was from a government agency or financial institution
• Defendant’s prior criminal record

As a misdemeanor, the defendant may face jail time for up to a year. As a felony, a conviction for embezzlement can result in more than 1 year in prison, fines, and victim restitution. A felony criminal record can also prevent you from being able to own a gun or make it harder to get a job.

How Do Employers Find Out About Theft?

There are some red flags that can alert employers of possible employee theft or embezzlement. Possible warning signs of embezzlement may include:

• Missing accounting records documents
• Employee working when others are not in the office
• Refusing to take time off
• Suspicious spending habits
• Refusing help from co-workers or outside help

How Can a Criminal Defense Lawyer Help?

Embezzlement cases may begin with an internal audit or company investigation. If you believe you may be under investigation for embezzlement, a criminal defense attorney may be able to explain your rights and how to respond if you are accused of embezzlement.

If the company reports suspected theft to law enforcement, you may be facing criminal charges. Embezzlement lawyers can represent you in the criminal justice system, explain your rights and legal options, and fight the case in court for the best possible outcome.