Embezzlement

Embezzlement offenses are the most common type of “white collar” crimes and often involve complex schemes and allegations. It is critical to hire an attorney like me as early as possible to arm yourself with the knowledge necessary to fight embezzlement charges. Embezzlement usually occurs when a person takes advantage of being in a position of trust, whether it be by an employer, government agency, or guardianship. Sometimes people who are entrusted with the handling of money make a mistake of stealing money or property that is not theirs.

Embezzlement offenses are broad and may involve many different situations and circumstances. ZAYID LAW has experience defending individuals accused of the following embezzlement charges:

  • Employee theft
  • Conversion or syphoning of money
  • Computer or Wire fraud
  • Money laundering
  • Tax evasion or fraud
  • Extortion and blackmail

An embezzlement charge may result in a felony, and a felony can have negative and lasting consequences on your personal and professional life. With so much at stake, you need an experienced attorney who understands the law and can fight your embezzlement charges. The sooner you contact me, the sooner we can build your winning defense strategy and achieve the best possible outcome for your case.

What is Embezzlement?

Embezzlement is the general term for when an agent or employee of an individual, business, or government uses his or her position of trust to fraudulently take property, valuables, or proprietary information. If money or property was entrusted to you by a business or other person, and you are suspected of stealing that money or property, you could be convicted of embezzlement in Michigan.

There are many examples of embezzlement, particularly in the workplace, including the following:

  • Employee endorses and cashes customer checks payable to the company, then keeps the funds.
  • The employee pays for personal expenses using a company credit card.
  • An employee secures a line of credit or loan in the company name, using the money for personal purchases.
  • The embezzling employee sets up fake employees, pockets the pay, and cooks the books to hide the transaction.

MPC 750.174

Penalties

The penalties for an embezzlement conviction depend upon the amount of money stolen or otherwise converted. Whether you are charged with a misdemeanor or felony, you face severe consequences and require the assistance of experienced counsel at ZAYID LAW.

  • Less that $200: Misdemeanor
    • Up to 93 days in jail
    • Fine up to $500 or 3 times the value of the money or property – whichever is greater.
  • $200 and $1,000: Misdemeanor:
    • Up to one year in jail
    • Fines up to $1,000, or 3 times the value of the money or property – whichever is greater.
  • $1,000 and $20,000: Felony
    • Up to five years in prison
    • Fines up to $10,000, or 3 times the value of the money or property – whichever is greater.
  • $20,000 and $50,000: Felony
    • Up to 10 years in prison
    • Fine up to $15,000 or 3 times the value of the money or property – whichever is greater.
  • $50,000 and $100,000: Felony
    • Up to 15 years in prison
    • Fine up to $25,000 or 3 times the value of the money or property – whichever is greater.
  • More than $100,000: Felony
    • Up to 20 years in prison
    • Fine up to $50,000 or 3 times the value of the money or property – whichever is greater.

Enhanced Penalty: If you are a repeat offender of any of these embezzlement offenses, you may be subjected to an enhanced sentence.

MPC 750.174

Zayid Law's Defense to Embezzlement

Embezzlement charges are very complicated and require the prosecution to prove every element of the offense beyond a reasonable doubt. These cases typically rely upon the testimony of witnesses (e.g. co-workers) or documentary evidence (e.g. receipts, invoices). These cases are often a product of misunderstandings or miscommunications. It is my job to approach the case with a wholistic strategy to demonstrate that the prosecution cannot meet every element of its burden of proof. I know the key pieces of evidence to look for to establish your innocence or call into question the prosecution’s evidence. Some defenses that I utilize in defending clients facing embezzlement charges include:

  • Suppression of Evidence: If evidence was obtained without a warrant, with an invalid warrant, or through an improper search, it may be suppressed, or not allowed to be introduced at trial.
  • Lack of Knowledge or Intent: embezzlement cases can sometimes be explained by miscommunications or misunderstandings, which mitigate the prosecution’s ability to prove intent to defraud – a critical element for the prosecution’s burden of proof.

I will work tirelessly to demonstrate that you lacked the intent to defraud and are otherwise innocent of any wrongdoing. The sooner you contact me, the sooner we can build your winning defense strategy and achieve the best possible outcome for your case. Call me today for a free initial consultation.