Embezzlement involves the misappropriation of money or property that has been placed into the trust of the alleged embezzler. The crime differs from other types of theft in that possession of the property is legal, but the perpetrator illegally uses it for an unsanctioned purpose. Charges can be filed regardless of whether the embezzler intended to return the money or not.

Embezzlement is usually performed in a manner that is premeditated and systematic, with the intent to conceal the activities from the victims. In order to avoid detection the embezzlement often involves repeated uses of small portions of the accessible funds, rather than taking one large lump sum. The person entrusted with the assets may or may not have a personal ownership stake in the assets.

Embezzlement Charges

Typical cases of embezzlement involve employees, such as a financial advisor, using client funds for personal use or investment. A recent extreme example would be the Bernie Madoff Ponzi-scheme, where early investors were given false returns that were created with the money of later investors. Madoff eventually bilked over $65 billion out of unsuspecting clients and is now in prison. There is a wide range to the severity of embezzlement, and the penalties usually correspond to the values of the property embezzled.

Embezzlement is usually suspected long before a prosecution takes place. There are several red flags that tend to raise the suspicion of embezzlement, whether it has in fact been occurring or not. These can include delays in returning requested funds, missing documents, accounting discrepancies, or large drops in profits. In order to prove that embezzlement has taken place, the prosecution must prove the following points

  • There was a fiduciary duty between the involved parties
  • The property came into the defendant's possession through the fiduciary duty
  • The defendant fraudulently assumed ownership of the property
  • The defendant's misappropriation was intentional

Contact our Law Offfices

If you have been accused of embezzlement or any other serious crime, you need to be represented by an embezzlement attorney in Boston who can offer you the best possible defense. Our attorneys handle complex criminal money matters, and will represented clients in embezzlement cases. Contact our law offices today.

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