Stolen Assets: What Constitutes Embezzlement?
Disputes and ugly disagreements can arise between an employer and employee or between business partners. Misappropriation of corporate funds, misuse of corporate expense accounts, or unauthorized use of corporate bank accounts may be a function of disputed pay or reimbursement rather than fraud.
How Prosecutors Prove A Case
In general, in order to establish embezzlement occurred, the prosecution must establish the following:
- A fiduciary responsibility existed between the accused and the alleged victim of embezzlement
- The accused intentionally and knowingly acted in a manner to defraud the owner of the assets in question
- The assets taken were fraudulently obtained through the defendant's employment position
- The assets taken were obtained through misappropriation, theft, or other means of financial manipulation
Investigators will monitor and review a suspect's financial transactions, bank accounts, and tax records and may also subpoena an employer's financial information in order to determine if misappropriation through fraud occurred.
Getting An Attorney
It's important for anyone suspect of embezzlement to contact an experienced attorney before speaking with investigators or prosecutors.
25 Years Representing Individuals Charged With Embezzlement or Other White Collar Crimes
Sam Gregory, founding attorney at the Law Offices of Samuel Gregory, P.C., in Brooklyn, has over 25 years of criminal defense experience, representing individuals charged with complex, serious crimes. He is highly respected as one of the most talented trial lawyers in New York.
He often works with forensic accountants, computer experts and other investigative professionals in defending people accused of embezzlement. He has the skills and knowledge to challenge the witnesses and testimony provided by the prosecution.
Obstruction Of Justice Charges: What You Need To Know
It's common for people to panic, destroying, removing and withholding records requested by government investigators in federal investigations.
However, doing so, constitutes an obstruction of justice and can result in additional criminal charges and jail time. In some cases, people who are innocent of the charges against them are still sent to prison on an obstruction of justice charge.
The Importance Of Contacting An Attorney
Regardless of whether you've been charged with embezzlement or theft or you are only under investigation, it's important to protect yourself when dealing with investigators in white collar criminal cases.
Don't speak with anyone, incriminate yourself or second guess investigators. If involved during the investigative phase of an embezzlement case, Sam can offer advice about cooperation with investigators in order to avoid obstruction charges and self-incrimination.
Contact Sam Gregory today at 718-804-5208 for experienced criminal defense.