Embezzlement Lawyer Protecting Your Rights and Freedoms
Embezzlement is arguably the most common white-collar crime in America. A property owner who entrusts sensitive information or funds to another party expects those assets to be well taken care of. However, sometimes temptation gets the better of some people, and embezzlement occurs as they seek to exploit that confidential or sensitive information for personal gain. Doing so can result in a criminal charge for the fraudulent appropriation of personal property. The federal government takes white-collar crimes seriously and may opt to pursue the maximum penalty allowed under the federal penal code section.
Before one enters a guilty plea, it is important to remember that all are innocent until proven guilty in a court of law. If you have been accused of embezzlement or any number of associated crimes — such as grand theft, petty theft, and stolen property — it is vitally important that you seek the legal advice of defense lawyers experienced with defending clients accused of white-collar crimes.
The Law Office of Diane C. Bass is well-respected across Southern California as a defense firm knowledgeable enough and capable enough to represent clients in all types of fraud and embezzlement cases. If you are facing serious charges under criminal law, please contact Orange County federal criminal defense lawyer to schedule your consultation.
How Are the Criminal Charges of ‘Embezzlement’ Defined?
Embezzlement, in general, is the theft or misappropriation of funds placed in one’s trust or belonging to one’s employer. Embezzlement can be charged in a number of ways but is most commonly charged as wire fraud.
For a person to be found guilty of wire fraud, the government must prove the following elements beyond a reasonable doubt:
- That the defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money;
- That the defendant did so with the intent to defraud;
- That it was reasonably foreseeable that interstate wire communications would be used; and
- That interstate wire communications were in fact used.
Wire communications can simply be the internet.
If you are facing charges for embezzlement, please reach out to criminal defense attorney Diane C. Bass. The law firm of Ms. Bass has years of experience providing legal representation to clients accused of all types of financial crimes, such as fraud and embezzlement. If you think you would benefit from legal representation as you prepare to go before a judge in federal court, please contact the Law Office of Diane C. Bass without further delay. The initial consultation can help point you in the right direction for how to proceed with your courtroom case.
What Other Crimes Could Lead to Enhanced Sentencing for Embezzlement Cases?
As with most crimes, the manner in which they were committed can result in enhanced sentencing for those accused. Many financial crimes are charged in concert with other violations of criminal law. The other crimes that may be connected to embezzlement include:
- Drug crimes, such as drug trafficking or possession of illegal narcotics.
- Fraud, whether that be bank fraud, investment fraud, healthcare fraud, mortgage fraud, wire fraud, mail fraud, securities fraud, or Medicare fraud.
- Grand theft.
- Petty theft.
- Sex crimes and sexual battery.
- Stolen property, whether it be real estate, land, personal valuables, or financial assets.
- Use of a deadly weapon, such as a firearm or knife.
If you have been accused of one or multiple of the above crimes in association with the crime of embezzlement, it is highly recommended that you seek the legal counsel of criminal defense lawyers knowledgeable in both California penal code and federal law. Criminal defense attorneys are bound by a confidential attorney-client relationship and you should feel confident sharing the honest truth in relation to the particulars of your complicated case.
Please note that some crimes, such as the use of a deadly weapon in the act of embezzlement, can result in far worse sentencing for the defendant. The crime of even threatening harm is a serious charge. If you have been charged with a violent crime in addition to a white-collar crime, you need an experienced lawyer right away.
What Are the Penalties for Wire Fraud and Embezzlement?
The maximum sentence that the court can impose for each violation of 18 U.S.C. 1343 [wire fraud] is 20 years imprisonment, a three-year period of supervised release, a fine of $250,000.00 or twice the gross gain or gross loss resulting from the offense, whichever is greater, and a mandatory special assessment of $100.
This means that if someone is charged with multiple counts of fraud for engaging in several transactions where money was deposited on different dates for different amounts, each count can carry a maximum of 20 years imprisonment.
The Federal Sentencing Guidelines, however, are the first step in determining the actual sentence that the court may impose if convicted. The calculation of the sentence depends, in large part, on the amount of money taken from or lost by the employer.
There are many mitigating factors that the court can consider at sentencing. However, there are also aggravating factors that come into play. Pre-indictment negotiations often result in a much more lenient sentence, as the government may be willing to forego additional charges such as money laundering.
How Could a Criminal Defense Lawyer Help Your Case?
The earlier you hire a lawyer to represent your case, the more time they will have to build a defense and better serve your interests in and out of court. Embezzlement is most often committed by a business, its CEO, or one of its employees. Those most often accused in a court of law of the crime of embezzlement are the CEO, the CFO, a business manager, a political figure, a church leader, real estate brokers, investment brokers, and accountants of any rank or industry.
Sometimes, an employer may believe their employees or staff are guilty of embezzlement and could seek to ambush them with accusations. Other times, the accusations of embezzlement come from federal government agencies.
Though it can be harmful to your reputation and legacy to be accused of such offenses, an allegation or criminal charge is not equal to a conviction or guilty plea. An investigation must be performed in order to determine the truth of the situation. And, while in a court of law, the accused is considered innocent until proven guilty.
As your defense, your lawyer may seek to establish reasonable doubt about the crime the defendant is accused of. The inner workings of business and industry are complex, and many errors can be made. It is possible your legal counsel may help establish that you were falsely accused or mistaken for someone else, the true culprit of the misdeed.
Start Your Attorney-Client Relationship with Your Consultation, Contact the Office of Criminal Defense Attorney Diane C. Bass
The Law Office of Diane C. Bass provides legal representation to clients in the following localities across Southern California: Newport Beach, Los Angeles, Irvine, Orange County, San Diego, and Riverside. Defense attorney Diane C. Bass and her team of experienced legal minds have taken on some of the most high-profile criminal cases in the Central District of California. With over 25 years of experience in criminal law, Diane C. Bass has won the respect of her peers along with the cases she wins for her client list.
If you are contacted by a government agency because you are under investigation or about to be charged with embezzlement, it is critical that you contact the Law Office of Diane C. Bass, A Professional Law Corporation immediately.
The initial 1-hour case evaluation for all new clients looking to learn more about their legal options and how best to proceed in their court proceedings. If you would like to speak with one of the most well-respected defense lawyers about your pending embezzlement case, please contact the Law Office of Diane C. Bass by calling 949-577-8368.