Nashville Embezzlement Defense Lawyer
In the paragraphs below, an experienced Tennessee embezzlement defense lawyer discusses embezzlement and what to do if you have been accused of this crime.
A Devastating Charge
For any form of business or commerce to take place, trust is crucial. As an employer, you want your employees to keep faith with you with regard to the company’s money or other assets and as an employee, you want your employer to know that you can be trusted. A charge of embezzlement turns this relationship of trust upside down. Not only can it ruin your reputation and your relationship with your employer or the owner of the property, it can expose you to criminal charges and severe penalties.
What Embezzlement Is
Essentially, embezzlement is a form of corporate theft in which a person who has been entrusted with the management of funds or property owned by someone else has diverted those funds to his or her own use. It is a combination of theft and betrayal of trust, as the owner of the property placed personal confidence in the manager to carry out his or her duties responsibly. Given that the accused is believed to have broken faith with the owner by committing such an act, the owner feels a sense, not only of financial loss, but of personal violation that a jury is very likely to share. Thus, a person accused of embezzlement is not someone upon whom a jury will be inclined to look kindly.
If You Are Accused
As someone who has been unjustly accused of embezzlement, your first priority is to seek qualified legal advice from a defense attorney experienced in white collar crimes. Once the attorney has agreed to take your case, he or she will examine the evidence carefully to determine whether or not embezzlement actually did take place and if there is any real foundation for the charges. Your lawyer will work with you to search for weaknesses or inconsistencies in the case against you. If grounds do exist, your attorney may work with your employer on settling the matter outside of the courts through restitution or other means. Failing all else, your attorney will attempt to reach a plea agreement with the prosecution. You should be aware, however, that it is not in your lawyer’s power to promise a favorable outcome, nor would a reputable attorney ever do so. If you approach an attorney and he or she makes such a promise, go somewhere else.
Call Your Tennessee Criminal Defense Lawyer Now
If you have been accused of embezzling funds or other property, act immediately to protect yourself. Call Horst Law at today and let us fight the battle by your side.
What are the penalties for embezzlement?
Embezzlement is a serious crime that can carry severe fines, jail time, and charges that can permanently disrupt an individual’s life. The extent of the charges and punishments for embezzlement charges depends on the severity of the crime, namely the amount of money or value of what was embezzled. For example, someone who embezzles over $60,000 in money or property is subject to a fine of up to $25,000, eight to 30 years in prison, or both, while someone who only embezzles less than $500 is subject to up to $2,500 in fines, a year in jail, or both. For more information about the specific penalties of embezzlement based on your specific case, please contact the office of Horst Law at today.
What is the difference between larceny and embezzlement?
Larceny and embezzlement both involve taking property or money that belongs to someone else, although the transfer of the property is different. When someone commits embezzlement, they have permission to use the property or money from the owner of the property for an express purpose, such as an employee handling cash at a store, but then proceed to intentionally transfer that property to their own possession or someone else’s. With larceny, on the other hand, the property is not trusted to the person in question, though they intentionally take it anyway. For example, a cashier taking money from the register where they work is an example of embezzlement, while a customer at the same store taking an item without paying is an example of larceny. If you have any additional questions about larceny or embezzlement, please contact one of Horst Law’s experienced Nashville criminal defense embezzlement attorneys at today.
What are common forms of embezzlement?
There are many different forms of embezzlement that may occur on big or small scales, from hourly employees to CEOs. Some common forms of embezzlement include payroll fraud, hiding assets, making fake bank accounts, and completing unauthorized money transfers between accounts. In all of these situations and a variety of others, embezzlement occurs because four main criteria are met. These criteria include having an established fiduciary relationship between the two parties in question, the defendant obtaining the stolen property as a result of this established relationship, the defendant taking ownership of the property, and this transfer of ownership being intentional. If you have any other questions, please contact Horst Law at today.