Embezzlement is typically defined as the stealing of assets — whether those assets are in the form of property or money — from a person who was responsible for those assets. This is something that generally takes place in a corporate environment, where the lines of possession over particular assets are not always clear-cut.
This blog will present a brief overview of how embezzlement is defined under the law, and how the case can be typically defended. Embezzlement can be a very complex issue, but because of this, there are a great deal of defense options that can prove very successful.
Accounting embezzlement is one of the most common forms of the crime. This can occur when the accused is convicted of manipulating accounting records to hide the fact that funds have been stolen. This is typically seen as lawful possession of property that is unlawfully converted to personal possession.
Being charged with embezzlement
In order for an embezzlement case to be successfully brought to the courts, the following four factors must be proven as true:
- The two parties involved must have a fiduciary relationship, and no other relationship than that.
- The defendant that is accused of theft of property must have stolen the property through the manipulation of this relationship and in no other manner.
- The defendant must have either transferred the property to somebody else, or taken it for him- or herself.
- The actions of the defendant were in his or her full knowledge and intentional.
If any of these points can be disputed, then the embezzlement charge can be brought into dispute by the defendant.
If you are facing charges for embezzlement, it is important to create a strong defense. These cases are often very complex, but an experienced attorney can help you determine how to proceed.
Source: Findlaw, “Embezzlement,” accessed Aug. 15, 2017