Embezzlement charges are among the most serious criminal charges a person can face. If you face accusations of tax fraud, bank fraud, mail fraud, securities fraud, or other white collar crimes, Ohio’s criminal courts can level felony charges against you. Fortunately, our Cleveland embezzlement defense lawyers can challenge those accusations.
The team at HMW Law wants to make it as easy as possible for you to fight back against wrongful accusations of a criminal offense. The support of our Cleveland white collar crimes lawyers can help you avoid jail time and significant fines.
We’ve worked with the community since 2002 and have a proven record of success. If you’re ready to discuss your defense against federal charges, you can book your initial consultation with our legal team today.
What Is Embezzlement?
Embezzlement is classified as a white collar crime and is the misappropriation of funds or property that has been entrusted to you. This can happen through an employer, such as if you work in the finance industry and a client hires you to manage their investments.
However, it can also happen between friends or family members. For example, if someone is given financial power of attorney and the POA misuses that authorization by using the funds for their own purposes or gain, it could qualify as embezzlement.
In general, embezzlement happens when the money or property is meant to be used for a specific purpose, but the trusted person uses it for something else, most often personal gain.
Examples of Embezzlement
Embezzlement charges are often brought against accountants, bookkeepers, and other people who have access to money or financial records. Embezzlement charges are also often brought against executives and other employees who have access to company funds.
The following are examples of embezzlement:
- An employee who uses company funds to pay for personal expenses
- A bookkeeper who uses company funds for personal purchases
- An accountant who uses company funds for personal expenses
- An executive who uses company funds for personal expenses
- A person who inappropriately uses money from an escrow account
Credit card fraud, insurance fraud, insider trading, tax evasion, and wire fraud can all fall under the broader umbrella of embezzlement. An experienced attorney can help you better understand the charges leveled against you while investigating the specifics of your upcoming case.
We Encourage You to Work With Experienced Embezzlement Lawyers
If you’re being accused of embezzlement but believe that you appropriately handled the funds you were entrusted with, a criminal defense lawyer in Cleveland can help you understand where the issues may lie and the best defense strategy for your case.
It’s critical to have experienced legal representation as soon as you are arrested or believe that you are under investigation.
What happens before, during, and after your arrest can significantly impact your case, and having an attorney on your side as soon as possible can ensure your rights are protected and that you understand what’s happening every step of the way.
For a free legal consultation with an embezzlement defense lawyer serving Cleveland, call 216-774-0000
Is Embezzlement a Felony or a Misdemeanor?
The Ohio laws that govern embezzlement charges are included along with the other theft charges in Ohio Revised Code § 2913.02. Embezzlement can be charged as either a misdemeanor or a felony, depending on the value of the money or property in question.
Defendants are charged with a misdemeanor if the money or property is valued at less than $1,000. If the value is $1,000 or more, the charge is upgraded to a felony. The degree of the felony depends on the value as follows:
- $1,000-$7,499: Fifth-degree felony
- $7,500-$149,999: Fourth-degree felony
- $150,000+: Third-degree felony
If the embezzlement charges involve an alleged theft from someone who is considered part of a protected class, this can automatically elevate the charge to the felony level. Examples of protected classes include those who are active military personnel, those who are physically or mentally disabled, and senior citizens.
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What Are the Penalties for Embezzlement?
The penalties for an embezzlement conviction will depend on the circumstances of the case. A misdemeanor embezzlement conviction is punishable by up to 180 days in jail and a fine of up to $1,000. If you are convicted of felony embezzlement, you may face the following penalties:
- A fine of up to $10,000
- A prison sentence of up to three years
- A probation sentence
- A felony conviction on your record
- Loss of your voting rights
- Loss of your right to own a firearm
- Loss of your professional license
The consequences you risk facing when accused of embezzlement may grow in severity based on the nature of the allegations brought against you.
For example, accusations of embezzlement at the federal level will likely put you at risk for considerable prison time and fines unless a Cleveland embezzlement defense attorney can introduce reasonable doubt to your case.
Additional Consequences for Alleged Embezzlement
You may also be ordered to pay restitution to the victim. Restitution is when someone who has been convicted of a theft-related crime is ordered by the courts to compensate the victim for their losses.
For example, if someone was convicted of embezzlement in the amount of $10,000, they could be ordered to pay the victim back the $10,000 in addition to the other penalties for the conviction.
Civil Lawsuits and Embezzlement Cases
In some cases, the victim may also be able to file a civil suit against you. If the victim was a corporation, the corporation may sue you for damages.
The corporation may sue you for the value of the money that was embezzled, the amount of money that the corporation lost due to the embezzlement, and the amount of money that the corporation spent to investigate the embezzlement.
However, the victim cannot sue you in civil court for any damages that you were already ordered to pay restitution for in the criminal case.
Embezzlement Cases and Personal Consequences
It’s important to note that the repercussions from embezzlement charges aren’t limited to criminal penalties. If you’re convicted of embezzlement and sentenced to time in jail or prison, it can place a serious hardship on your personal life.
An incarceration sentence means that you will miss out on celebrating family events like birthdays and holidays, and your relationships with friends and family can be irrevocably changed.
Working with an experienced embezzlement lawyer in Cleveland, OH, ensures you are doing everything possible to defend yourself and protect every aspect of your life that could be affected by a criminal conviction.
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What Is Required for a Federal Embezzlement Charge?
While most embezzlement cases are charged at the state level within Ohio, there are specific circumstances that can result in federal embezzlement charges. These include:
- Embezzlement involving a federal government agency
- Embezzlement of federal funds or property
- Embezzlement involving taxpayer funds
The penalties for federal embezzlement are much steeper than those related to charges at the state level. Even misdemeanor federal embezzlement can result in up to one year in prison and a fine of up to $100,000. Felony federal embezzlement can result in up to 30 years in prison and fines upwards of $250,000.
The federal government prosecutes these cases diligently and with near-limitless resources. If you’re facing federal embezzlement charges, it’s imperative that you speak to an attorney as soon as possible.
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What Are the Elements of Embezzlement?
The prosecution must prove several elements to get a conviction for embezzlement. The prosecution must prove that you had control over the money or property, that you had the right to use the money or property, and that you used the money or property for your own purposes.
The prosecution must also prove that you wrongfully used the money or property.
An embezzlement conviction requires criminal intent, which means the prosecution must prove that you had the clear intent to misuse the funds or property. You may be acquitted of embezzlement if you can prove that you used the money for a reasonable purpose or believed that you were acting in the client’s financial interests.
Examples of Reasonable Financial Defenses in Embezzlement Cases
The following are examples of reasonable uses of money or property that may indicate embezzlement charges aren’t appropriate:
- An employee uses company funds to cover personal meals and items on a work trip. The company believes that the items were not business expenses and that the employee misused the funds. If the employee can show that they had a reasonable belief that those expenses were covered within the company’s guidelines, embezzlement charges may not apply.
- An accountant uses a client’s funds to pay an overdue vendor invoice. However, the client was planning on disputing the invoice and believes the accountant misused the funds. The accountant may be able to show that they had a reasonable belief that they were acting in the business’s interests.
Embezzlement charges can be difficult to prove. An attorney can evaluate your case and determine what evidence the prosecution is likely to rely on in court. This can help inform what defense strategy to use and what your next steps should be.
It’s important that you be entirely transparent with your legal team, as they need all the details to properly represent you. Anything you say to your embezzlement defense attorney in Cleveland after you hire them is protected by attorney-client privilege and can’t be used against you in court.
What Are Some Defense Strategies for Embezzlement Charges?
When you work with the attorneys at HMW Law, one of the first things our team will do is discuss the potential defense strategies with you. Although embezzlement cases all have the main tenets in common, every situation and defendant are unique. Some of the defense options your attorney might suggest include:
- Arguing that there was a lack of intent. Because embezzlement charges require the specific criminal intent, this can be a strong defense for those who believed they were acting within the confines of the law.
- Arguing that the prosecution doesn‘t have sufficient evidence to pursue the case. If there is not enough evidence to support each part of the embezzlement charge, it could result in the charge being dismissed or reduced.
- Negotiating a plea deal. In some situations, taking a plea deal can help defendants avoid potentially harsher sentences and get back to their normal lives more quickly.
There are many other possible defense strategies that can be appropriate for these cases. Talk to your fraud defense attorney about the best options for you.
Call Our Cleveland Embezzlement Lawyers Today
If you want to challenge criminal accusations of corporate fraud or other financial crimes, you need to work with an embezzlement defense attorney in Cleveland, OH, to understand the intricacies of the case brought against you. Our criminal defense lawyers are ready to help you craft a defense that introduces reasonable doubt into your case.
HMW Law will always prioritize clients’ long-term goals when tackling complicated embezzlement cases. Our legal team will never strike a plea deal without communicating with you.
If you’re ready to learn more about our available services, you can book a legal strategies consultation with our team today.
Call or text 216-774-0000 or complete a Free Case Evaluation form