When people are entrusted with the money of others and they violate that trust by diverting the money for themselves, they are subjected to an embezzlement charge. This is a specific intent crime involving the unexplained diversion of such funds.
White collar crimes also include the misappropriate of another entity’s funds, embezzlement by a public official, embezzlement of mortgaged property, failure to safe keep public money entrusted to an agent, forgery, uttering and publishing [passing a bad check], crimes involving financial transaction devices, and identity theft among a host of other crimes with a financial component. In these white collar crimes, the severity of the charge and the potential penalty depend on the amount of money involved; the greater the amount of money, the harsher the penalty.
Often, when a white collar crime is charged, proofs in the case will involve at least some forensic accounting. Financial records of deposits and tracking a money trial and a paper trail are part of the case. It has been our experience that defenses abound in many such cases. Proofs can be developed to eliminate one or more of the elements of the charged white collar crime, or the charge can be mitigated if not defeated in its entirety.
If you, a family member or a loved one are facing such criminal charges, you should always consult a lawyer before attempting to explain things to an investigating detective. In such cases, the law enforcement officer will often be wearing a suit, not a uniform. The goal is the same: to acquire evidence in the form of [unwitting] admissions or inculpatory statements.
Our law firm offers a free initial consultation to discuss your options. It could be one of the most important calls of your life.