Embezzlement is a form of theft. It is a white-collar crime that occurs when someone with permission to handle someone else’s money diverts it without permission. Embezzlement often happens in the workplace, but there are other situations that could give rise to the charge.
Contact a criminal defense attorney from Parks Zeigler, PLLC immediately if you suspect you are the subject of a Chesapeake embezzlement investigation. The sooner a skilled attorney gets involved, the greater the possibility of mitigating the consequences.
Understanding What Embezzlement Is
The Code of Virginia § 18.2-111 defines embezzlement. It states that anyone who misuses money or property entrusted to them by someone else is guilty of larceny, which is a theft crime. If the value of the misappropriated money or property is less than $1,000 the crime is a misdemeanor. Embezzlement is a felony when the money or property diverted is worth more than $1,000.
Embezzlement often happens in the workplace. A payroll supervisor might not submit payroll taxes to the state and keep the money for themselves, or a store cashier might steal cash from the register. However, embezzlement can happen in other contexts, including:
- A community organization’s treasurer might use money from a fundraiser to pay their personal bills
- The administrator of an estate might use estate funds for unauthorized purposes
- A property manager might make a charitable donation using tenants’ security deposits
- A caregiver or guardian might use a disabled person’s funds for their own expenses
- An attorney might commingle client funds with the firm’s operations account
- A stockbroker might operate a Ponzi scheme or use client funds for fraudulent purposes
In every case of embezzlement, a person who has legitimate access to someone else’s money or property intentionally misuses their position of trust to divert the money or property for another use, usually to benefit themselves.
A prosecutor must prove every component of a crime to achieve a conviction. When the charge is embezzlement, the prosecutor must prove that the accused was authorized to access the money or property but intentionally diverted it for unauthorized use. A Chesapeake defense attorney can attack the evidence found during an investigation of embezzlement.
Internal Investigations Prompt Criminal Charges
Embezzlement investigations in Chesapeake usually begin from within. A person or department within the company or organization notices that money seems to be missing and starts looking for it. They might conduct an audit or review of practices without mentioning the suspected theft, or they might make it clear they are trying to identify a thief.
The alleged victim of the embezzlement often takes no action until they have proof. At that point, they may confront the suspected offender and try to elicit a confession. Regardless of whether the offender admits to taking anything, they usually lose their job or position within the organization. In some cases, but not all, the alleged victim might make a report to law enforcement.
Anyone who believes they may be the subject of an internal investigation or who is concerned that an internal investigation will uncover their wrongdoing should consult a Chesapeake defense attorney immediately. A legal professional can protect a suspect’s rights and in some cases, might prevent a report to law enforcement.
How a Criminal Defense Attorney Can Help During an Investigation
People are sometimes reluctant to call a criminal attorney until an investigation is complete and the alleged victim is accusing them of embezzlement. Working with a Chesapeake attorney while the internal embezzlement investigation is ongoing can be helpful. Although employers and others might refuse to permit an attorney to be present during an investigation, they can still make a difference in the outcome.
A legal professional can contact the investigator and get a feel for the scope of the investigation. They can discuss possible responses with the accused and advise them about when to stay silent. When the investigator believes they have evidence of embezzlement, legal counsel can sometimes arrange a resolution that does not include a report to law enforcement.
When the alleged victim makes a report to law enforcement, the department’s white-collar crime specialists typically investigate. It is important to remember you are entitled to legal advice when a law enforcement agency investigates you, and cooperating without counsel is unwise.
Consult a Chesapeake Attorney When You Are the Target of an Embezzlement Investigation
Embezzlement is a serious crime that can result in felony charges. Even when an alleged victim does not report an incident to law enforcement, embezzlement can result in job loss and a damaged reputation.
Contact a criminal defense attorney at Parks Zeigler, PLLC when you believe you are the focus of a Chesapeake embezzlement investigation. Bringing in skilled legal counsel early can help you obtain the most favorable outcome the circumstances permit. Reach out today.
