Embezzlement Lawyers | Afton Office
685 South Washington, PO Box 1550, Afton, WY 83110
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Stealing money from an employer is embezzlement and the penalties, depending upon the value of what was taken and the jurisdiction, can range from up to a year in county jail and much longer state or federal prison terms. To curtail white collar crimes, embezzlement charges are aggressively prosecuted.
If you are suspected, arrested, or charged with embezzlement you must immediately contact an Afton embezzlement defense lawyer to protect your rights. Your lawyer can advise you of your legal options, investigate the charges, challenge evidence, and aggressively defend you. If you choose, your lawyer can negotiate a plea.
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.
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:
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.
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:
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.
There are some red flags that can alert employers of possible employee theft or embezzlement. Possible warning signs of embezzlement may include:
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.
An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.
Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.
The more experienced a lawyer is in legal practice, the more likely he/she will be able to bring about a successful resolution to your issue. Since experience matters, lawyers who’ve been practicing law for many years (with a successful track record) tend to be in high demand. You should look for information about a lawyer’s experience and ask questions during the initial meeting. It’s a very good idea to ask the lawyer how many years he/she has been practicing law and the expected outcome of your case.
Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.