What Kind of Offense is Embezzlement?

Anyone who is facing specific federal charges for embezzlement or Florida state charges related to allegations of embezzlement should seek legal assistance as soon as possible. This is a serious type of white-collar criminal offense that can have significant consequences for anyone who is convicted, including a substantial prison sentence. According to Merriam-Webster, embezzlement or the act of embezzling refers to the “fraudulent appropriation of property by a person to whom it has been entrusted (as of an employer’s money by his clerk or of public funds by the officer in charge).”

How do prosecutors and both federal and state laws classify embezzlement, and what should you know about the elements of the offense? Our Tampa fraud defense attorneys can explain in more detail, and we are here to begin working with you on a defense strategy in your embezzlement case today.

Federal Criminal Charges for Embezzlement

Under federal law, embezzlement is defined as:

“[T]he fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come. It differs from larceny in that the original taking was lawful, or with the consent of the owner, while in larceny the felonious intent must have existed at the time of the taking.”

It can be prosecuted under 18 USC 666(a)(1)(A), and a prosecutor must prove the following elements to convict a defendant:

• 1) Trust or fiduciary relationship existed;
• 2) Property came into possession of the defendant through their employment;
• 3) Defendant’s dealings with the property were a fraudulent conversion or appropriation for their own use; and
• 4) Defendant acted with intent to deprive the owner of the property.

It is important to note that there is no requirement that the prosecution prove the defendant intended to permanently deprive the owner of the property. Even if the defendant intended to repay money embezzled, the charges are the same.

Theft Charges in Florida for Embezzlement

Under Florida law, embezzlement can be charged as a theft offense under Section 812.014 of the Florida Statutes. Unlike federal law that has a specific definition and statutory section that allows for the prosecution of embezzlement, the elements of this type of offense will typically be treated as a theft offense under Florida state law.

The consequences of a conviction under state law depend on the value stolen.

Contact Our Tampa Criminal Defense Attorneys for Assistance Defending Against the Embezzlement Charges You Are Facing 

Embezzlement is treated as a serious white-collar crime by prosecutors, and the consequences of a conviction can be especially severe under federal law. Although financial and theft-related crimes such as embezzlement do not involve physical violence, they can have serious and long-lasting consequences, and thus prosecutors and lawmakers take these offenses extremely seriously. If you are facing charges related to embezzlement under state or federal law, one of the experienced Tampa embezzlement defense lawyers at the Law Offices of Daniel J. Fernandez, P.A. can assist you with your defense. Contact our firm today to learn more about how we can help you to develop a strong defense strategy that is tailored to the particular facts of your case.

Sources: 

justice.gov/archives/jm/criminal-resource-manual-1005-embezzlement

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.014.html