Embezzlement

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Embezzlement is a term that applies to any financial activity where the proceeds or money that is received or handled comes from some form of illegal or legal activity. Increasingly, these charges are being used as a tool by prosecutors to pile on additional charges against anyone who receives or transfers money or items of value that are proceeds of illegal activity or which can be traced to some kind of illegal or legal activity. Embezzlement is a serious crime. Generally speaking, Embezzlement process of taking clean or dirty money – money that was derived from unlawful or lawful activities, and concealing, disguising or otherwise be made to appear lawful in order to avoid detection, prosecution, seizure, forfeiture and taxation. Embezzlement can be ancillary to other criminal charges such as Medicare/healthcare fraud and mortgage fraud.

A charge of embezzlement is typically leveled against persons suspected of stealing company assets or intentionally depleting a trust or investment funds.

 

Investigators review a suspect’s personal financial records as well as those of his employer in order to identify suspicious transfers of cash or a reallocation of assets. When investigating allegations of embezzlement, law enforcement officers tend to look for patterns of behavior rather than an explanation of them. Consequently, disagreements between business partners or disputes between employers and employees can lead to actions that appear to involve embezzlement but do not. If you or someone you know has been charged with Embezzlement, you need serious legal representation from a Board Certified Criminal Trial Lawyer with courtroom experience who is familiar with the anti-Embezzlement statutes. You need an attorney affiliated with Wise Laws fighting for you. Concealing the true source of funds deposited in a bank account or invested in a business, failing to report cash transactions over $10,000 or structuring transactions to conceal their aggregate value, or failing to perform due diligence to determine the source of large amounts of money are some examples of Embezzlement.

Examples of Embezzlement

 

  • Drug Dealing
  • Medicare Fraud Charges
  • Financial Fraud (Bank, Mortgage, Insurance Fraud) Charges
  • Racketeering Activity (bribery, tampering, piracy, smuggling, contraband)

In order to prove the accused embezzled money, prosecutors must prove he or she acted with criminal intent to knowingly steal from an employer, employees, or a beneficiary.

In this regard, the accusers actions must fall within one or more of the following:

 

  • The accused intentionally misappropriated or stole funds
  • The accused had a fiduciary responsibility in regard to the person or entity from whom assets were stolen
  • The funds obtained by the accused were done so through his or her position of employment

If you believe that you may be looking at an embezzlement charge because of some kind of activity in which you played a role, even a minor role, you must know where you stand.