Fort Pierce Embezzlement Defense Attorney
Let us help you fight embezzlement and financial crime charges
Chances are you’ve heard someone refer to the concept of embezzlement by another name. “Skimming a little off the top,” “lining your own pockets,” and “misappropriating funds” are a few of the most common expressions. Embezzlement is a type of theft that goes beyond merely taking someone that doesn’t belong to you. There is an additional element of trust between the embezzler and the rightful owner of the stolen property. Whether working at a job or performing duties as a government official, embezzlement can be very serious business. If you or someone you know has been accused of stealing company or taxpayer money or property in Fort Pierce, contacting a Florida federal defense lawyer who specializes in embezzlement cases is imperative. Ohle & Ohle, P.A. represents defendants in federal and state embezzlement cases in Florida.
Understanding an embezzlement charge
The most common types of embezzlement cases occur when a person or business entrusts property to an employee. The employee can be a cashier at a supermarket, a teller at a bank, or even a driver who is entrusted with a company vehicle. Other examples of embezzlement cases include:
- a storage company that unlawfully refuses to return its customers’ property
- the treasurer of a non-profit organization who, without authorization, uses donated funds to buy a personal boat
- a valet driver who keeps a customer’s vehicle for himself without permission
- a politician who uses taxpayer funds to build a personal vacation home
Many embezzlement cases involve straightforward details that make it easy for courts to determine whether the accused party acted without the consent of the property owner. However, there are situations that involve gray areas. In some cases, the accused party may have been unaware that he or she took the money or property without authorization. In other scenarios, the property owner may have unknowingly consented, or the accused party lacked the intent to deprive the property owner of ownership. Your Fort Pierce embezzlement defense lawyer can get to the bottom of the details in your case and determine the best way to fight the charge against you.
Elements in an embezzlement case
There are certain elements Florida prosecutors must establish to prove a defendant engaged in a criminal act of embezzlement. The state must show beyond a reasonable doubt that the accused party:
- had a fiduciary relationship, or position of trust or lawful custody of the property
- lawfully possessed the property
- unlawfully took, used, or spent the property without permission from the property owner
- intended to defraud the property owner by deceiving or depriving the owner of the property
If a prosecutor successfully proves all four elements in state court, the court may convict the defendant. Penalties for embezzlement in Florida depend on the value of the property. Florida courts treat embezzlement as a theft offense. Cases that involve higher property values are grand theft cases, whereas cases in which the property value is lower are categorized as petit theft.
If the stolen property is valued as less than $100, a convicted defendant may be charged with a second degree misdemeanor and sentenced to a maximum of 60 days in jail and a fine of up to $500. The defendant may face a first degree misdemeanor charge if the property has a value of $100 or more but less than $300. If convicted on a first degree misdemeanor charge, the defendant may be sentenced to a maximum of 11 months and 29 days in county jail. The defendant may also be ordered to pay a fine of up to $1,000.
For cases that involve property values of $300 or more, felony charges may apply. A defendant may be charged with a third degree felony if the property value is $300 or more but less than $20,000. The maximum penalty for a third degree felony is five years in prison and a $5,000 fine. Florida prosecutors charge defendants with second degree felony embezzlement if the property value is $20,000 or more but less than $100,000. If convicted, the defendant may be sentenced to a maximum of 15 years in prison and a $10,000 fine. First degree felony embezzlement cases involve property values that exceed $100,000. If convicted on a first degree felony charge, the defendant may be sentenced to up to 30 years in prison and ordered to pay a fine of up to $10,000.
An embezzlement charge can be financially costly and also impact your freedom. Don’t delay in seeking legal counsel if you’ve been accused of embezzlement in Florida.
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Defenses against embezzlement
Embezzlement defense lawyers have a variety of potential defenses they can argue against a state or federal charge. The strategy your attorney will use in your Florida embezzlement case will depend on the facts.
Arguments against the evidence
Evidence is a key part of any criminal case. Any discrepancy in the evidence either party presents can directly impact the case outcome. Your Fort Pierce defense lawyer will look for points of weakness in the evidence the prosecution wants to present against you. You are more likely to win your case based on a problem with the prosecution’s evidence if:
- investigators obtained the evidence illegally
- The evidence comes from problematic witness testimony
- The state mishandled the evidence
- someone tampered with the evidence
There are numerous other issues that can arise with evidence in a criminal investigation. Speaking with an attorney is the best way to find out if there are potential evidentiary issues that can help you win your case.
Lack of lawful possession of the property
A defendant cannot have embezzled property he or she has not lawfully possessed. Your attorney may dispute lawful possession in one of multiple ways. If the property was found abandoned in a neutral location, the prosecution must prove the defendant had control over the property after taking it without permission. If the property was originally stolen by the presumed owner, your attorney would argue that the presumed owner has no legal right to the property. An individual who does not have a legal right of property ownership cannot be deprived of that right through embezzlement.
Lack of intent to embezzle money or property
Your attorney may argue that you had no intent to deprive the owner of his or her property. For example, if you accidentally took merchandise home with you after working a shift at a jewelry store, your lawyer may offer evidence of your attempt to return the merchandise as proof of your lack of intent to engage in criminal activity.
Similarly, the defendant may be under the impression that he or she has permission to take or use the property. If a manager at an auto shop erroneously tells a mechanic that he or she can drive a customer’s car home and monitor it over the weekend for problems, conviction for embezzlement is less likely.
Embezzlement accusations
You don’t have to wait until you’ve been charged with a crime to take action. If you suspect that you may be under investigation or if there are rumors circulating about your involvement in an embezzlement case, contact a Florida defense attorney. Everything you say and each move you make during a criminal investigation can substantially impact your case if the state brings a charge against you. An experienced defense attorney can help you navigate communication with law enforcement agencies.
Sometimes investigators overstep boundaries in ways that infringe on the other person’s constitutional rights. An investigator may falsely tell you that you are under arrest or suggest that there may be unlawful consequences if you do not comply with their requests. If a law enforcement agency has contacted you for an interview in a criminal matter, consult a Fort Pierce criminal defense lawyer first. Even if you feel like you’ve done nothing wrong, an investigator may use illegal tactics to create the impression that you’ve engaged in criminal activity.
How law enforcement agencies investigate embezzlement
Law enforcement agencies generally follow the same procedure when investigating embezzlement. However, depending on the facts in a case, the approach to uncovering the crime may have additional twists and turns.
In government offices and large corporations, embezzlement schemes are often done in extreme secrecy. Therefore, investigators are more likely to take on a more secretive approach to investigating the suspected criminal activity. An investigation into suspicions of embezzlement in a large or public organization may cross over into the federal government’s jurisdiction and involve other agencies. Some federal agencies that may assist with the investigation include:
- The Internal Revenue Service (IRS)
- The Securities and Exchange Commission (SEC)
- The Federal Bureau of Investigation (FBI)
- secret Service
Large-scale embezzlement investigations often span one or more years. These schemes usually involve multiple parties who play different roles in obtaining entrusted money or property and concealing its conversion. There is also a greater risk of innocent parties being identified in the investigation and potentially falsely accused of a crime. For example, an administrative assistant who managed the calendar of someone who is accused of embezzlement may not have had information of the illegal activity despite being in close proximity to the person.
Smaller-scale embezzlement investigations are less likely to have as many moving parts. If an employee steals money from the safe at the employer’s office, police activity may only require interviews with persons of interest and reviewing workplace security camera footage.
Arrest on embezzlement charges
If there is a reasonable suspicion that you were involved in an embezzlement scheme, local or federal law enforcement may arrest you. If you’ve not consulted a defense attorney before being arrested, now is the time to retain legal counsel. During the arrest, a law enforcement officer should advise you that you may retain your own attorney or the government will provide a public defender for you. The advantages of working with a private attorney vs a public defender are numerous.
Public defenders may be highly experienced attorneys, but they are often overstretched. These lawyers generally handle extremely large volumes of cases. They may not be able to spend as much time with each client as the client’s case requires. Because the government supplies the lawyer, there is often a limit on the amount of legal resources the client receives. In contrast, private defense attorneys are able to be more selective in choosing the cases they want to take on. At Ohle, we give our clients the time, attention, and resources their cases require. Our clients reap the advantages of our extensive professional network that includes private investigators and expert witnesses.
Don’t leave your embezzlement case to just anyone. Choose a defense lawyer who is prepared to deliver the thorough, dedicated, and attentive legal representation you need.
Appealing an embezzlement conviction
For people who are convicted on an embezzlement charge, we offer post-conviction representation. If you were falsely convicted or incorrectly sentenced, the federal appeals lawyers at Ohle & Ohle, P.A. can appeal your case or pursue justice through other legal options. We will review your case to determine whether a legal error may have led to a wrongful case outcome.
Embezzlement defense law firm in Fort Pierce
If you believe a criminal charge may be on the horizon, it’s never too early to consult a defense attorney. Taking action early may allow you to have more legal options at your disposal. When you contact Ohle & Ohle, P.A. we will carefully examine the facts of your case and explore potential legal strategies. We will help you make informed decisions about how you would like to proceed in your case. You don’t have to face the criminal court system alone. Having highly effective legal counsel on your side can make a difference in the trial process and, even if you are convicted, the sentencing phase. We will challenge the prosecution at every turn to protect your rights during the pre-trial stage and, if necessary, fight for a fair trial.
To learn more about our legal defense services for Florida embezzlement cases, reach out to Ohle & Ohle, P.A. A member of our team will provide a confidential case evaluation.
(772) 460-9801