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Embezzlement penalties and potential defenses

On Behalf of | Apr 9, 2023 | Criminal Defense |

If a person has been accused of embezzlement, they may have questions about what comes next and potential defenses that may be available.

Embezzlement and penalties

Embezzlement is a type of white-collar crime that involves the misappropriation or theft of funds or assets. Usually, the person accused of this crime is in a position of trust. They may be an employee of a business, a public official or otherwise have a high level

of responsibility.

Embezzlement may involve stealing cash, transferring money to an unauthorized account or intentionally failing to account for money under their control. If a person is convicted of embezzlement, they can face fines and prison in addition to reputational harm. It may be difficult for them to find a job in the future because employers may be wary of hiring someone who has been found guilty of a financial crime.

However, there are potential defenses to this crime.

Potential defenses

To be convicted of embezzlement, the accused must have intended to steal or misappropriate the money or assets. If they can demonstrate that they did not intend to commit a crime and that the financial issue happened because of a mistake or misunderstanding, for example, that may be a defense.

If the person was forced to commit the crime, that is called duress and may also be a defense. This might involve threats of physical harm or coercion by someone in authority, like a supervisor.

The accused may also have a defense if they can show that there is a lack of evidence to prove that they embezzled the funds or assets.

These are only some examples of available defenses. The outcome will depend on the individual circumstances of the situation.