Stealing from your employer or someone who has entrusted you with their property/assets amounts to embezzlement. The law treats this as criminal. Unlike theft, you have the mandate to transact on behalf of the person or company, and you use the position to convert the property to your gain. An employee who uses an employer’s money or takes their property and benefits from it commits embezzlement.
Some ways in which one can commit embezzlement
- Getting money from the cash register
- The person can charge more than the cost of the product and then take the difference for their benefit.
- They could also pad the expense account.
- They can also change the account books to hide losses or amounts they stole.
- It could also be moving money from a client’s account to a personal account.
- Taking kickbacks or bribes
- Tampering with the time record of an employee
Embezzlement is both criminal and civil act
Embezzlement is a criminal offense prosecuted under state law. Still, the federal government again prosecutes those who embezzle from the government or anyone paid by the government as a contractor working on some government project. The penalties when convicted include victim restitution, fines, or incarceration.
The embezzler’s worries don’t end with a criminal proceeding. The person who lost property or money can also use it in a civil court. A winning plaintiff uses the civil judgment to garnish wages or withdraw funds from your account. They could even get orders to seize and sell the property to pay themselves. That depends on the avenues provided under the state law.
Why do you need an embezzlement lawyer?
Embezzlement is a serious crime.
When you have been accused of embezzlement, it’s not an easy case. It could have detrimental implications for your life. There are also serious connotations that come with it which could affect your professional life and reputation. The jury treats those accused of embezzlement harshly, and they won’t take the case lightly. Thus you need an attorney to counter the effect and launch a formidable case. That way, you could secure your property, and they will protect your rights in the property and ensure the accuser doesn’t take advantage of assets you acquired legally.
Helps you work through complications in your case
Your case could also be so complicated than you could imagine. The attorney will outline the available options and help defend your rights in the case. The case is complex, but the criminal defense lawyer will help you navigate through the difficulties that be. They can decipher documents and ledgers, which could be complicated. They will work tirelessly to ensure your rights are protected.
Talking to an embezzlement lawyer helps you understand your legal rights and the situation you find yourself in. An embezzlement lawyer helps in negotiating between you and your company, acting as a mediator. This helps in keeping things civil and professional. The attorney helps examine financial data, find loopholes or flaws and investigate the details of the whole case. After they get the facts right, they can poke holes on the case until you get a fair judgment.