A New York Embezzlement Lawyer will explain to you that Embezzlement is defined as wrongfully misappropriating money or property that has been put in a person’s care but is rightfully owned by someone else. This crime is distinguished from Petite Larceny which is the taking of property below the dollar amount of $1,000., or Grand Larceny which is the taking of property valued at over $1,000. If the District Attorney finds that you in fact guilty of Embezzlement, the punishment imposed upon you by the judge can be substantial. If you have been charge with Embezzlement, it is advised that you call a New York Embezzlement Lawyer at your first opportunity.
As mentioned above, the crime of Embezzlement means that a person, who has responsibility for a certain item of property, takes that property. The concept of Fraudulent Conversion may come into play here as well. Conversion is the crime of taking ownership of property that has been left in your care, and using it for your own benefit (in a way that is not authorized). In order to prove Embezzlement, the following elements must be present: (1) the property involved belonged to someone else; (2) the property was converted or used for the defendant’s purposes; (3) the defendant was in a position of trust and possessed legal possession (or access) of the property; and (4) the defendant knowingly defrauded the owner of the property.
The crime is commonly seen in an employer/employee relationship. But it can be seen in other contexts, where a fiduciary relationship exists between the defendant and the owner of the property. Embezzlement is considered a White Collar Crime. This is a collection of crimes that have the common denominator of fraud. Often these crimes can overlap (Mail Fraud, Bank Fraud, and Computer Fraud, for example). Because of this the District Attorney will examine business records to determine the extent of the fraudulent activity. These matters can be far reaching and complex, and such it is important to have the support of a Brooklyn Criminal Lawyer to help you through your case.
The penalties for Embezzlement will vary depending on what the dollar amount is of the stolen property. You may be punished with restitution, fines and possibly prison. If you have been charged with Embezzlement, there can be a lot at stake, and you will need a New York Criminal Lawyer protecting your interests.
The Office of Stephen Bilkis and Associates can offer you support and guidance as well as a free consultation when you contact us at 1-800-NY-NY-LAW. We have offices in New York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.