Embezzlement

Embezzlement Under U.S. Law

Embezzlement is a form of financial crime, classified under theft-related offenses, wherein an individual unlawfully appropriates assets that were entrusted to them by an employer or another authority.

This crime is distinguished from theft because the perpetrator has lawful possession of the property initially, but then subsequently converted the assets for personal use. Embezzlement is most often associated with employees or corporate officials who have access to company funds or property.

Elements of Embezzlement

For an individual to be charged with embezzlement under U.S. Law, the prosecution must generally prove four key elements:

1. Entrustment of Property: The defendant must have been entrusted with possession of the property by another party. This is a defining feature that differentiates embezzlement from other forms of theft. The accused must have had lawful access to the assets as part of their responsibilities.
2. Conversion: The defendant must have intentionally converted or used the property for personal benefit, rather than for the purposes intended by the owner. This element underscores the breach of trust inherent in embezzlement.
3. Ownership by Another: The property must belong to someone other than the defendant. Even if the defendant has lawful control or management over the asset, ownership remains with the employer or another party.
4. Intent: The prosecution must prove that the defendant acted with criminal intent, knowing that their actions were unauthorized and intended to defraud the property owner. Misappropriation distinguishes embezzlement from accidental or negligent mismanagement of assets.

Federal and State Laws

Embezzlement can be prosecuted at both the federal and state levels. Federal embezzlement statutes, such as those codified under 18 U.S.C. § 641, focus on the misappropriation of government property or funds, including those belonging to agencies, military branches, or public programs.

State laws vary but generally align with these basic principles, applying them to private businesses, non-profit organizations, or other entities. Penalties for embezzlement typically depend on the value of the property stolen and range from fines to restitution to imprisonment. In more serious cases, embezzlement may result in felony charges with significant jail time.

Defenses that federal criminal defense attorney Nate Crowley may use to address embezzlement charges in California may include lack of intent, mistake of fact, or an assertion that the defendant had a claim of right to the property.

Consequences of Embezzlement

Beyond criminal penalties, embezzlement can have civil consequences, as victims may pursue restitution for their losses. Defendants may raise defenses such as lack of intent, mistake, or even coercion, although such defenses must be substantiated with evidence.

Embezzlement remains a serious offense in U.S. law due to the breach of trust it represents, often involving substantial financial losses for businesses, governments, and individuals. Skilled criminal defense attorney Nate Crowley can help you address these serious charges.

Facing Charges of Embezzlement? Contact California-based federal criminal defense lawyer Nate Crowley.

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