Are You Facing Embezzlement Charges? You Need an Experienced Attorney
If you are facing embezzlement charges, then you will need an experienced attorney. According to New York laws, embezzlement charges have serious consequences. Embezzlement is considered a form of property theft. In most cases, embezzlement occurs when an individual has trusted another person to manage or monitor his or her property, and the person who was trusted to manage the property steals a portion or all of the money or property for his or her personal benefit.
With embezzlement cases, it is important to remember the defendant was granted legal access to another individual’s property. However, the defendant did not have legal ownership of the property, so it is considered stealing. Along with stealing, the defendant also broke a position of trust. When these two factors are combined, it is considered embezzlement.
There are many instances when embezzlement can occur. If a bank employee has legal authorization to handle an account owner’s money, and then takes the money for his or her personal gain, then it is considered embezzlement. Employees of companies can also embezzle money that belongs to the company they work for, and professionals can also embezzle clients or investors funds for personal gain.
What are the Penalties for Embezzlement in New York?
According to New York laws, embezzlement is punishable according to the amount or type of property that was taken.
If the funds or property stolen was valued at $1,000 or less, then penalties include a maximum fine of $1,000 or twice the amount that was embezzled. Furthermore, the accused could face a jail sentence of up to one year.
If the money or property was valued at more than $1,000 but less than $3,000, then the accused could face a fine up to $5,000 or twice the amount that was embezzled. The accused could also face up to four years in prison. In this group, property can include:
In addition, this group also includes any amount of ammonia that is stolen to manufacture methamphetamine, religious belongings that are valued at more than $100, or an automobile that is valued at more than $100.
If an individual has stolen property or money that is more than $3,000 but less than $50,000, then he or she could face a maximum prison sentence of seven years and a fine up to $5,000 or twice the amount that was embezzled. This also includes embezzling an automatic teller machine (ATM). When embezzling an ATM or the contents inside, the value of the property or cash that was taken does not matter.
If the accused embezzled more than %50,000 but less than $100,000, then he or she could face a fine of $15,000 or twice the amount that was embezzled. In addition, the accused could also face up to 15 years in prison.
If an individual has embezzled more than $100,000, then he or she could face a fine up to $30,000 or twice the amount that was embezzled. Furthermore, the accused could face up to 25 years in prison.
Why You Need an Experienced Legal Team
If you are facing embezzlement charges, then it is vital to seek legal representation as soon as possible. An experienced attorney who is accustomed to handling embezzlement cases can provide you with the legal advice you need. The legal team at Raiser and Kenniff, PC, can help those who are accused of embezzlement.
In many people’s lives, there are times when events happen that create unexpected situations. Before they know it, they are faced with circumstances that lead to poor decisions. Unexpected expenses or bills can have people feeling panicked and desperate for a way to get the money they need. While most people do the right thing, others may choose to embezzle funds from employers or organizations. While it may seem like a good idea at the time, ultimately this decision always results in charges being filed.
Why Choose Us?
When you find yourself facing embezzlement charges, life can be turned upside down in many ways. Not only are you facing criminal charges that could result in substantial jail time, but your reputation is also at stake. Many people find it difficult to conduct daily business, knowing their name and face have usually been seen on local newscasts and in newspapers. However, when you have us working for you we will make sure you understand what to expect in the coming days and weeks. We will sit down with you and your family and thoroughly discuss your case, helping you to gain a clear perspective on what you are facing. We have well over 30 years experience defending clients, and we are known for being not only fair but very persistent when it comes to helping our clients.
What are the Consequences of Embezzlement?
When a person is facing embezzlement charges, a variety of consequences potentially await them. First and foremost is a jail or prison sentence, depending upon how much money was allegedly stolen and the circumstances surrounding it. If the amount taken is small enough and you have no prior criminal record, it is very possible to receive little or no jail time. Instead, community service and probation are often used, along with paying restitution. However, if the amount is larger prosecutors may choose to make an example of you and attempt to have a very harsh sentence handed down. When this is the case, you need legal representation that is not afraid to stand up for you and your rights. Prosecutors in New York know our reputation for not backing down, and while we don’t necessarily go looking for a fight, we will stand our ground when needed to defend our clients from overzealous law enforcement and prosecutors.
What We Can Do For You
Once you retain us as your legal counsel, we go right to work on your case. We interview witnesses and others associated with the alleged embezzlement, and we are quick to gather all necessary financial records to make sure we understand just how much you are accused to stealing. In many cases, there are others who have access to money as well, so we delve into the possibility that you may be falsely accused. We will speak with financial experts to get an in-depth understanding of how the accounting process works in your business or organization, allowing us to show the court other possibilities in your case.
When you need the services of attorneys who know what it takes to defend clients from embezzlement charges, contact us as soon as possible. We offer free consultations both in our offices and other places such as your home, if that is more convenient for you. We will walk you through the legal process, explaining every step and answering any questions you may have. We will discuss the possibility of entering into a plea agreement, which happens many times in these cases. If that is the option for you, we will tell you so and work to ensure you receive the possible deal. If a case is handled correctly, many clients can receive much lighter sentences than they might have imagined. Whatever your needs, let us help you ensure your rights as a defendant are upheld. Contact us today, and we will go right to work defending you to the of our abilities.
Embezzlement is a crime of larceny that involves stealing property of another person by an individual who was entrusted with the management and care of the property. Embezzlement can happen in a multitude of circumstances, but most often embezzlement is committed by individuals in charge of the money of another person or financial advisors. Some common types of financial relationships that lead to embezzlement activity include financial advisors, employees that provide financial services to corporations or companies, and stock brokers and clients.
Four factors must occur in order for embezzlement to be charged.
1. A financial relationship between the perpetrator and victim (i.e., fiduciary relationship). In other words, the victim entrusted the perpetrator to manage their property, money, or something else that had financial value.
2. The person that commits the act of embezzlement must acquire the property of another person through their management of the financial relationship.
3. The perpetrator must transfer the stolen items to a third party or themselves.
3. The individual who committed embezzlement must have done so knowingly. In order to be convicted of embezzlement, intent of fraud must be proven.
A common type of embezzlement is accounting embezzlement. Accounting embezzlement involves the manipulation of records to conceal the theft of funds. Individuals who commit accounting embezzlement are usually given possession of the property and then are later accused of transferring the funds to themselves for personal use. Keep in mind that embezzlement is not charged when an individual under-reports income and then keeps the difference. Another method that individuals use to commit embezzlement includes the creation of false vendor accounts and supplying false bills to the company that they are stealing from in order for the checks that are cut to seem legitimate. Embezzlement can also occur through financial schemes (i.e, Ponzi scheme) in which high returns are paid out to investors from the funds that received from later investors that were tricked into believing they will receive a high return on the investment.
Consequences of embezzlement vary by state. The severity of the punishment given to a person that committed embezzlement is given according to the type of property stolen as well as the value of the property stolen. Aggravating factors may also apply to embezzlement charges when the person who committed the crime when they were in a position of public trust. This includes individuals employed as public servants (i.e., employee at a bank) or when an individual targeted vulnerable individuals (i.e., elderly individuals). Many states have laws that protect vulnerable populations of individuals and often give out harsher sentences for crimes involving vulnerable populations.
Individuals who are charged with and convicted of embezzlement typically must serve jail time and pay restitution or fines. Restitution is payment to the victim that covers the loss that they experienced due to the crime committed. Restitution may include the value of the property or money stolen. If the property is not able to be valued the court may determine the amount of restitution that must be paid. Most jurisdictions punish individuals convicted of embezzlement according to the value of the property or funds that are stolen. Generally, a state will provide monetary ranges and the fines correspondingly along with prison and jail sentences for each particular range. Some states also list the types of property that lead to specific prison sentences and fines. Types of property that may lead to increased fines and prison sentences include livestock, firearms, public records, or items stolen during a natural disaster or an emergency.
If you have been charged with embezzlement or property theft, you should contact an experienced attorney with a background in criminal defense for consultation. The penalties and consequences regarding theft of property differ state-by-state. Having a lawyer aid you in navigating your particular state’s laws is imperative in creating a strong case. An experienced attorney can provide you with information regarding alternatives to punishment (e.g., returning the money stolen or another alternative the judge may provide and consider).