NEW JERSEY CRIMINAL LAWYERS

NJ Embezzlement Lawyers

Protect Yourself from Serious Embezzlement Charges in New Jersey

As a professional entrusted with overseeing a financial account, you must handle this critical responsibility with care. Any abuse of this privilege could result in the commission of a white-collar crime known as embezzlement. Unfortunately, some people often succumb to temptation and engage in malfeasance. This blog offers an overview of embezzlement, potential strategies that defense lawyers could use to defend clients, and the penalties that convicted criminals face.

### Understanding Embezzlement

Embezzlement occurs when someone who is tasked with managing another party’s financial accounts appropriates funds for personal benefit. Typically, embezzlers have what is commonly referred to as fiduciary responsibility. Fiduciary responsibilities require these individuals to make decisions and take actions that benefit the people they serve.

### Examples of Embezzlement

No individual or corporation is immune to embezzlement; it could happen anywhere at any time. It typically ranges from simple and obvious to complex and hard-to-detect schemes such as:

#### Blatant Stealing
The perpetrator openly takes cash out of registers or pockets money from public tills.

#### Executing Phony Transfers
Embezzlers set up fake accounts, transfer funds into them, and eventually use the money placed in them for personal gain. Such action gives the impression that these transfers are legitimately approved by the establishment or individual receiving these funds.

#### Creating False Documentation
Individuals intending to commit embezzlement author false invoices for services provided by non-existent institutions/entities and give the impression that they were authorized transactions.

#### Conspiring
An accused embezzler may devise sophisticated plans where he conspires with contractors or other service providers. They fabricate phony charges (usually involving payments) using their skills in deception while working together as co-conspirators.

#### Federal Charges
If suspected embezzlers who work for the federal government are caught, they would face charges by federal authorities.

### Possible Punishments

Embezzlement is considered a serious crime in New Jersey, and when convicted, the penalties could be significant. Specific charges faced depend on several factors, such as the amount of money that the alleged offender embezzled.

#### Embezzling $200 or less
Individuals thought to have taken $200 or less are likely to serve no more than six months in jail and pay a fine of less than $1,000.

#### Embezzling more than $75,000
Those convicted of funnelling $75,000 or more in cash and other hard assets must expect prison sentences up to 10 years and fines of up to $150,000.

### Proving Charges

Prosecutors must demonstrate the following crucial elements to win an embezzlement conviction:

#### Fiduciary Responsibility
Prosecutors must prove that the individual or establishment presenting accusations trusted you to perform fiduciary responsibilities.

#### Illegal Acts Were Committed
Convictions often result from prosecutors demonstrating that you committed illegal acts during your service period as an entrusted individual.

#### Funds or Property Were Used for Personal Gain
The evidence against you must show without any doubt that you used funds stolen for personal gain or satisfaction.

#### Intent
Accused individuals possess the necessary motivation and desire to steal funds from accusers. This element can be challenging for attorneys to demonstrate in court proceedings.

### Potential Arguments

Duress, Mental Incompetence, Not Enough Evidence & Repayment

These four potential arguments can be made when accused parties seek legal assistance from defense lawyers:

#### Duress
Sometimes those accused of embezzlement might have acted under duress where an influential person pressured them into engaging in such actions with threats emanating from these personalities.

#### Mental Incompetence
Occasionally, the action’s of an individual ruled mentally ill might explain certain malfeasance, according to criminal defense lawyers.

#### Not Enough Evidence
A considerable percentage of embezzlement cases are dismissed because prosecutors lack credible evidence to demonstrate such impropriety.

#### Repayment
When accused parties repay stolen funds, they could face less harsh punishments, or some charges against them could be dismissed.

### Conclusion

Embezzlement is a serious crime that has far-reaching legal and reputation consequences. If you find yourself in such a position in New Jersey, it is crucial to consult with experienced criminal defense lawyers who have handled similar cases as your plight. These professionals will provide you with the much-needed legal support and guidance throughout the entire process. Stay safe!