Embezzlement is a unique form of theft. Unlike other theft crimes, embezzlement involves a breach of trust. An embezzler does not need to break into homes or threaten anyone. Instead, they exploit their positions of trust for personal gain.
Proving embezzlement
To convict someone of embezzlement, prosecutors need to establish certain elements. First, there must be a fiduciary relationship. This means one party relies on another to manage their property. Second, the defendant must have acquired the property through this relationship. Simply stealing a bike does not count as embezzlement. Third, the defendant’s actions must be intentional. Mistakes in accounting do not qualify. Lastly, the defendant must have taken ownership, transferred, or destroyed the property.
Embezzlers can be creative. They might fabricate payroll checks or create fake vendor invoices. Even using funds beyond authorized limits counts as embezzlement. For instance, a trust administrator might “borrow” money to pay a personal debt. Repaying it later does not erase the crime.
Common defenses against embezzlement
Defending against embezzlement charges involves challenging these elements. One defense is the claim of right. If the defendant believed they had a legitimate claim to the property, they might avoid conviction. Another defense involves instilling fear. If a defendant obtained property by making a threat, they believed to be true, and their purpose was to correct an action, this might be a defense.
It is crucial to understand that state laws vary. In New York, embezzlement falls under larceny statutes. Penalties depend on the value of stolen property. Charges range from class E to class B felonies, with sentences of 3 to 25 years.
Being accused of embezzlement is serious. Penalties can include prison time and hefty fines. If charged, consult a criminal defense attorney. They can help prepare a robust defense and negotiate plea deals. Remember, legal experience is helpful to understand these complex cases.