Embezzlement & It’s Defense
Embezzlement is a white collar crime. You can be charged with embezzlement in case you steal someone else’s property, which has been placed under your responsibility, for your own personal uses. Like any other white collar crimes this one is also a punishable offense, if the prosecutor succeeds in establishing the offense. The harshness of the penalty depends on the severity of the offense, which means how much fine you will have to pay or how you should remain jail depends on the amount of money you have embezzled.
Most of the people do not have any idea about embezzlement. Although they must have heard this term several times in their lives, they may not have a clear picture of the offense. This ignorance leads people to fall victim of a fraudulent act.
If you think that embezzlement and larceny is the same, you are mistaking. These two are different acts. The main difference between the two offenses is the process of property being transferred from one hand to another. In case of larceny, there exists no trust between the perpetrator and the victim. The perpetrator steals the property from the victim. In this case, the victim never trusts the perpetrator with the responsibility of the property. However, in case of embezzlement the perpetrator possesses the trust and the responsibility of the property or the wealth.
As mentioned before that this act is punishable, you should take precaution when charged with this. The first thing should be seeking legal help. This is important. The faster you get to a lawyer, specialized in embezzlement defense, the better your lawsuit will be. Find an experienced Miami criminal lawyer and ask him/her to review your case files. He/she will be able to explain the law and the punishment regarding the offense. Your lawyer will also tell you what kind of evidence is required in such types of lawsuits.
Generally, when accused of embezzlement, you should try to assemble all the financial documents involving the accusation. You can short list the witnesses, who you think will be able to testify in the court and deny the existence of trust between you and the victim. Talking about your lawsuit and the position you are in may incriminate you. Therefore, keep your mouth shut and do not divulge any information does not matter how small without the presence of your lawyer. There must be other employees or individual who has got the access to the embezzled property. You should make a list of those also. This is a common defense lineup for embezzlement.
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