San Diego Embezzlement Attorney
An abuse of trust.
Embezzlement is stealing. It is theft carried out by individuals who are familiar with the organization and exploit that knowledge for illegal gain. If you are charged with embezzlement, you need an experienced embezzlement attorney like the Law Offices of Elliott N. Kanter who knows the law and can fight to protect your rights.
Embezzlement is fraud.
Embezzlement is a premeditated and systematic crime, with the intent to conceal the activities from others because it is done without out their consent. It can be as simple as skimming cash off sales to large, sophisticated schemes. For example, a financial advisor may embezzle funds from his clients. A volunteer handling finances for a non-profit could take funds and cover her tracks. Or a clerk handling large amounts of cash could steal cash from his place of employment.
Embezzlement may take years to detect.
If the trusted person steals strategically, they may only steal a small proportion of funds available, in an attempt to avoid detection. As a result, embezzlement can continue on for years. It might go undetected until the funds are needed or an audit of finances has been performed.
Defining embezzlement.
In California, embezzlement is a statutory offense so the definition of the crime varies from statute to statute.
If you’re wrongly accused, your employer can withhold wages until your case is resolved.
- Fraudulent – When an individual converts property for his or her own use.
- Conversion – Embezzlement is a crime against ownership, that is, the owner’s right to control the disposition and use of the property.
- Property – Embezzlement statutes do not limit the scope of the crime to conversions of personal property.
- Lawful possession – The critical element is that the defendant must have been in lawful possession of the property at the time of the fraudulent conversion and not have mere custody of the property.
Prosecuting embezzlement.
Embezzlement can be a serious crime depending on the amount of money stolen or the value of the missing property. It may be considered a misdemeanor or felony. Embezzlement can be charged for any amount of money. An employer can withhold wages while your case is resolved. Audits will be conducted to investigate the case.
Embezzlement penalties.
Depending on whether the crime is a misdemeanor or felony, penalties may include prison, counseling, fines and restitution.
- First offenses under $400: Penalties may include a small fine, community service, restitution and 3 years on informal probation.
- Second offense: Can be charged as felony theft and is punishable by a year in county jail or 16 months to 3 years in state prison.
- Matters including money or property exceeding $400: This is considered grand theft and can be charged as a misdemeanor or felony.
- At least 16 months in state prison.
- Probation or parole
- Restitution (paying back victims for their loss)
- Court-ordered counseling
- Fines
What an experienced San Diego embezzlement attorney can do for you.
If you are charged with embezzlement, you need to call an attorney as soon as possible. Even if you aren’t guilty, being charged can carry a stigma that makes it difficult for you to obtain employment. An experienced embezzlement attorney is familiar with the law and may be able to get your charged reduced or even dropped. So don’t delay in calling the Law Offices of Elliot N. Kanter at 619-330-5881 for a no-cost, no-obligation consultation. Come in, tell us your story, and we’ll get started on building your defense.