Embezzlement: An Overview and Possible Defenses

If your job activities are heavily involved and connected with your company's finances, then an accusation of embezzlement could be detrimental to your personal life and career. Embezzlement is a serious crime in California and accusing someone of the crime is often fairly easy.

You have ways to defend yourself and prove your innocence from an accusation of embezzlement. Here is more information about the definition of embezzlement and how you can defend yourself.

Definition of Embezzlement

Embezzlement involves taking or misusing money entrusted to a person by another party. Other terms for embezzlement include misappropriation or misdirection of funds. For example, if you were entrusted to deposit company funds into a company bank account, but you skimmed a little off for yourself, then that would be embezzlement.

Differences Between Embezzlement and Larceny

Both crimes are considered theft, but result in different charges and different punishments. Embezzlement requires that you be in a position of trust, but anyone can commit larceny. An office clerk stealing money from a safe is larceny because that person is not directly entrusted with the money. However, an accountant redirecting money into another account would be embezzlement because an accountant is entrusted with the business's finances.

Punishments for Embezzlement

Punishment for embezzlement depends on how much was embezzled. In California, the theft has to be over $950 to be considered a felony. Under that amount is considered misdemeanor embezzlement, and over that amount is considered a felony. In the very least, you will have to pay the money back plus penalties. However, serious cases could involve lengthy jail time.

Defenses to Embezzlement Charges

You can defend yourself from embezzlement accusations in a variety of ways. Here are some common defenses to embezzlement.

You Didn't Do the Crime

Your accuser must prove that you were actually in a position of trust and committed embezzlement, and not larceny or some other crime. They must also prove that you were the one who did the crime, especially if other people also had access to the money. You can claim insufficient evidence if there is little or no substantial proof of a crime.

You Had a Right to the Money

You can claim that you had an agreement to take the money for fees or payment for services. An example of this is if you were a trustee and it was agreed that you were allowed to take out a certain amount or percentage of the assets for your work.

You Weren't Asked for the Money Back

If the owner of the money discovered that you took the money, but never asked for it back or said anything else about it, then you could use this as a defense. You may be able to claim personal neglect or forgetfulness on your part and that the owner didn't seem to care.

You Were Under Duress

If you were credibly threatened if you didn't take the money, then you can claim duress. One example of this is if your boss or other authority figure threatened to fire you unless you did what they asked. However, financial hardship or personal issues, such as a satisfying a gambling debt, are not considered duress in this case.

You Thought the Money Was Yours

If you truly thought the money was yours, then you could use this as a defense for embezzlement. For example, if you were given money or property that you thought was a gift, and you had no way of knowing otherwise, then you may be able to prove your case.

False accusations of embezzlement can have a great impact on your career as well as put you at risk for serious punishment. Do not take these accusations lying down and prepare to defend yourself. The law offices of Ralph Torres Attorney At Law can help you fight off charges of white collar crimes such as embezzlement. Contact us for a consultation about your case.