Embezzlement, also referred to as employee theft or employee fraud, occurs when an employee illegally transfers, uses or appropriates property or money for his or her own personal use. In virtually all situations, when an accusation is made, an audit will be conducted and the employer may try to withhold the wages of the accused employee. If your employer is accusing you of embezzlement, he or she will most likely take the case to government officials where a legally complex matter will arise. It will be vitally essential to contact our firm at this point.
Embezzlement is looked at very seriously and is often punished very severely. Although it is not a violent crime, it is not taken lightly. Embezzlement is defined as stealing funds that are under the control of a party besides the owner. One who is charged with embezzlement is often charged at the federal level. If you have been accused of such a crime, you should retain the services of a Los Angeles defense attorney immediately. If you have not been charged, but are under investigation or suspicion of such an act, it is extremely likely that you will be charged in the near future. Before responding to questions, get in touch with a lawyer at our firm.
When we turn to California Penal Code Section 503 PC, we can see that prosecutors must prove the following elements in order to obtain a conviction of embezzlement against you:
By looking further at California Penal Code Section 504 PC, we can see that state law specifically sets aside a definition for embezzlement by a public official. In this state, it is a felony for any public official of a state, county, or municipal government agency to fraudulently take any property entrusted to them that is not consistent with their employment as a public official. All of the elements mentioned above to prove embezzlement apply under this area of the Penal Code in California, with the only difference being that the person charged is working in an official capacity as a public employee.
Embezzlement by a public official tends to be viewed more harshly than embezzlement within a private entity or business, and any public official charged with embezzlement needs to seek immediate legal assistance.
Embezzlement is termed a “white collar crime.” Financial crimes are increasing throughout the nation and in the state of California, and the task forces seeking out offenders have been expanded at both the state and federal levels. The prosecution will be vigorous. You need to know that you have legal representation that is committed to challenging the evidence and who will fight for a positive outcome.
A conviction for embezzlement could result in years of prison time and hundreds of thousands of dollars in fines in very serious cases, or it could be as minor as a small fine and no prison time. The outcome of an embezzlement charge rests on the proficiency of the lawyer defending the case. The legal team at the firm is prepared to discuss your case at once.
There are various strategies that an attorney may use to defend you against embezzlement charges in Los Angeles. It is important to understand that no two cases are alike, and the particular strategy that our attorneys take to defend your case may vary significantly from these examples. However, in some cases, we may work to:
The legal team at Okabe & Haushalter is dedicated to providing high quality, aggressive defense against embezzlement charges. We make it our business to provide excellent legal representation and use our experience in federal cases to seek out the best possible options to employ in defending against the charge. Each case we take gets the focus that it deserves, always pursuing the best outcome possible. We are determined to seek out evidence and anything necessary to assist in defending our cases. Our attorneys have a background in prosecution, and a deep insight into the federal court system. The defense team has extensive trial experience in federal court.