This means they must know how to analyze evidence as well as craft persuasive arguments – all with the goal of protecting a client’s rights and reputation.

Therefore, the art of defense is complex and a nuanced practice.

What is Embezzlement?

In simple terms, embezzlement is the theft of assets by someone who has been entrusted with those assets. Embezzlement can occur in many different settings and contexts, but it typically involves a breach of trust. The person committing embezzlement may be an employee who steals from their employer, or a fiduciary who steals from their client.

There are many different ways in which embezzlement can occur, but some common methods include:

-Misappropriating funds: This is when someone takes money that they have been entrusted with and uses it for their own personal gain, instead of for the intended purpose.

-Falsifying records: This is when someone alters financial records in order to cover up the fact that they have stolen money.

-Creating false invoices: This is when someone creates fake invoices in order to receive payment for work that they have not actually done.

-Making payments from unauthorized bonuses or commissions: This is when someone gives themselves an unauthorized bonus or commission, usually by manipulating financial records.

Customizing Your Defense

If you have been accused of embezzlement, it is important to seek experienced legal representation as soon as possible. An experienced lawyer will be able to assess the specific facts and circumstances of your case and develop a defense strategy that is tailored to your individual needs.

The Role of Lawyers in Embezzlement Cases

When it comes to embezzlement cases, lawyers play a very important, if not key position. They are responsible for ensuring that their client’s rights are protected and that they receive a fair trial. Here are some of the processes used by lawyers in embezzlement cases:

1. Thoroughly investigating the case – This includes reviewing all relevant documents, interviewing witnesses, and gathering evidence.
2. Analyzing the prosecution’s case – This involves looking for weaknesses and identifying any inconsistencies.
3. Developing a defense strategy – This may involve challenging the prosecution’s evidence or attacking their witnesses’ credibility.
4. Mounting an aggressive defense – This may entail cross-examining witnesses, making objections and presenting counter-arguments.
5. Negotiating with prosecutors – In some cases, lawyers may be able to negotiate a plea deal on their client’s behalf.

Common Defense Tactics Used by Lawyers

There are a number of common defense tactics used by lawyers in embezzlement cases. Below are examples of what your embezzlement defense attorney may use to reduce your charges or dismiss your case.

Proving a Lack of Intent to Defraud

One argument used to defend embezzlement is that the defendant did not act with the intent to defraud. This can be difficult to prove. That’s because prosecutors will often point to factors such as the defendant’s prior criminal history or the large amount of money involved in the case.

However, if an attorney can show that the defendant was merely following orders, they may be able to exonerate their client.

Showing the Accused Unknowingly Committed the Crime

Another common defense tactic used for embezzlement is to show that the defendant did not knowingly commit the crimes. This may be more successful if the defendant can prove that they had no intention of permanently depriving their employer of any funds.

Proving that the Alleged Victim Entrapped the Defendant or Aided and Abetted the Crime

It’s unlikely that an alleged victim can pursue charges if they encouraged a theft by suggesting the defendant record, for example, false accounting details. This type of suggestion falls under the definition of entrapment if done by a government official or agency. If a private individual encourages the activity, it is considered aiding and abetting a crime.

Negotiating a Plea Bargain

Some lawyers may try to negotiate a plea bargain with prosecutors. This can be an effective tactic if the defendant is willing to accept responsibility for their actions and agrees to repay the stolen funds. In return for the plea bargain, the defendant normally accepts a lighter sentence and reduced penalty.

Strategies for Selecting the Right Lawyer for Your Case

There are a number of strategies that you can use to select the right lawyer for your case. Naturally, you want to find a lawyer who specializes in embezzlement cases, as they will be best equipped to handle your case.

Once you have found a few potential lawyers, you need to evaluate their experience and qualifications. Make sure to ask about their success rate in handling similar cases. 

You should also ask for references from past clients. This will give you a good idea of what it is like to work with a lawyer and whether they’ll be successful in your case.

Finally, you need to consider your budget when selecting a lawyer. Embezzlement cases can be complex and costly, so you want to make sure that you can afford the lawyer’s fees. Be sure to get an estimate of the total cost of the case before hiring an attorney.

Presenting a Strong Defense

If you’ve been accused of embezzlement, it’s important to understand the different techniques that lawyers use to defend their clients. Here are some tips to help you present a strong defense:

– Hire an experienced embezzlement defense attorney who has handled embezzlement cases with ongoing frequency.

– Be prepared to discuss your case with your attorney and provide as much information as possible.

– Understand the charges against you and the potential consequences if you’re convicted.

– Be honest with your attorney and don’t try to hide anything from them.

– Cooperate with your attorney and follow their advice.

– Keep in mind that there is no guarantee of a successful outcome, but by following the above tips, you’ll give yourself the best chance at a favorable result.

Contact Jance M. Weberman to Ensure the Best Legal Representation

From understanding the evidence presented to attacking the prosecution’s theories, learning proper defense tactics will help ensure that justice prevails. 

With strong legal representation, even those accused of serious financial crimes can have their guilt or innocence determined fairly in a court of law.

Contact Jance M. Weberman to Schedule a Consultation

Begin by contacting Jance M. Weberman and schedule a consultation today, to discuss your case right away.

The post Defense Tactics Used in Embezzlement Cases appeared first on Jance Weberman | Winning Los Angeles Lawyer.

How a White Collar Crime Lawyer Defines Embezzlement

If you speak to a white-collar crime lawyer, he or she will define embezzlement as financial fraud. Therefore, this type of crime, which is considered “white collar,” refers to a criminal offense committed by business or government employees who steal or misappropriate a firm’s or agency’s funds. In these cases, the employee or charged party oversees the funds or property of their employer.

How Embezzlement Is Different from Theft or Larceny

Embezzlement differs from charges of theft or larceny because the accused previously received the employer’s or owner’s permission to manage their property. This permission is based on the owner’s instructions. Embezzlement occurs when the employee takes the property or funds as their own without the owner’s permission.

By comparison, theft happens in the workplace when an employee does not have an employer’s sanction to manage their property but takes it anyway, thereby depriving the plaintiff of their enjoyment and use of the property.

Defining Theft in Basic Terms

The Legal Information Institute (LII) defines theft in basic terms as taking a person’s property with the intent of keeping the other party from using or enjoying it. When it is narrowly defined, this type of theft is called larceny.

Legally, theft is divided into grand theft and petty theft. This allows courts to decide on the type of punishment an offender receives. The amount of the goods stolen and the type of goods stolen determine whether a person is charged with grand theft (a misdemeanor or a felony) or petty theft (a misdemeanor).

For instance, California Penal Code  § 487 states that grand theft involves an offense where the worth of the stolen goods goes over $950. It also defines theft as when a car or gun is taken. Therefore, grand theft may be deemed as a felony or misdemeanor,  based on the severity of the charge and jurisdiction. Otherwise, petty theft (taking goods under $950) is considered a misdemeanor.

Embezzlement: Proving Your Case

If you speak to a white-collar crime lawyer about embezzlement, however, the investigation can take you on several unexpected twists and turns. It’s not simply a matter of stealing something, your job is also on the line.

Therefore, a white-collar crime lawyer must prove that you did not take the property or funds to which you were entrusted.

To prove embezzlement, the prosecution must show that you are guilty of one of the following types of actions, or similar activity:

• Moving money from a customer’s account into your own bank account.
• Altering your company’s accounting records to hide stolen assets or financial losses.

Legal Punishments for Embezzlement

Getting charged with embezzlement can lead to imprisonment and/or fines. You may receive a lesser sentence if you’re guilty if you returned or repaid the plaintiff for what you took.

However, recouping the loss depends on the degree of the embezzlement and how much harm the crime caused. Also, just because you repaid or returned what was taken does not absolve you of the crime. You still took someone else’s property.

Criminal Conversion of a Property

Again. whether an embezzlement charge is considered a felony or misdemeanor depends on the amount of money taken. Litigators may also consider the crime of criminal conversion. The Law Insider website references criminal conversion as follows:

• Knowingly or intentionally exerting unauthorized control over another person’s property; and
• Committing a compensable offense that requires proof that the offender knew or intentionally exercised control, without permission, over another person’s property.

Examining Conversion More Closely

To further understand the differences between the broader term of embezzlement and the more concise term conversion, you need to speak to a white-collar crime lawyer Los Angeles-based specialist. According to LAWShelf,  embezzlement contrasts with conversion, as follows:

Embezzlement involves the unlawful conversion of someone else’s property by someone who already has possession of the property.

Conversion, on the other hand, entails holding onto or using someone else’s property in a way that conflicts with how they want to use their property. Therefore, if you interfere with the rights an owner has over their property’s use, you are guilty of conversion.

An Example of Conversion

Let’s look at an example of conversion in the workplace.

Elaine works as a stockbroker. Her client, Ms. Phelps, gives her $50,000 to invest for trading purposes. Instead, Elane takes part of the money and buys a new car. Therefore, she has interfered with her client’s ownership rights and has used the money in a way that is inconsistent with the agreed legal arrangement. Not only has Elaine embezzled the funds, but she is also charged with conversion.

Dropping Embezzlement Charges

Naturally, if you’re being investigated for embezzlement or you’re charged with the crime, you hope, eventually, the matter or charges will be dropped. If your lawyer can show the other party has insufficient evidence to prove embezzlement, you’ve won part of the battle. This strategy may be used if the other side cannot show a paper trail.

About 40% of charges for federal embezzlement are dropped because the plaintiff does not have sufficient evidence. However, it is also crucial the jury find a defendant innocent of the charge beyond a reasonable doubt. That means the prosecution must show that they cannot give any other reasonable explanation for the criminal activity.

Speak to a White Collar Law Attorney Now about Your Embezzlement Case

Whether you’re being investigated for embezzlement or wish to defend a charge, you need a white-collar crime lawyer who fully understands how to defend you against an embezzlement charge. In Los Angeles, you can rely on the experience of Jance M. Weberman. Give the firm a call immediately. Contact (213) 386-9100 now.

The post How a White Collar Crime Lawyer Can Defend an Embezzlement Charge (Part 1) appeared first on Jance Weberman | Winning Los Angeles Lawyer.

Talk to a White Collar Crime Lawyer If You or Your Firm is Under Investigation

If you work in the financial industry and are being investigated for a white-collar crime, you should contact a white-collar crime lawyer so you can find out more about your legal potential for being charged.  A lawyer will also go over the ways you can defend yourself against possible allegations. Even if you are not guilty of a crime, you should discuss the situation so you know how to proceed and how to cooperate in a way that does not get you too caught up in the investigation. White-collar crimes now have taken on several rainbows of colors, namely in the form of pink, green, and red collar crimes, so this type of criminal activity has taken on new and “colorful” meanings in today’s ever-expanding world of business and technology.

Pink Collar Crimes

A subset of a white-collar crime, a pink-collar crime refers to crimes related to embezzlement. These crimes refer to women in lower or mid-level office jobs, such as bookkeepers, accountants, or office managers, who steal from their employers. Because many of these employees are women, the term “pink collar” was coined to cover this type of activity. Therefore, these crimes are not exclusive to women. Crimes of this nature have continually increased by 40% since the early 1990s. Therefore, if you have been unjustly accused of a white or pink collar crime, you need to make sure the lawyer you choose knows how to strategize your defense for a successful outcome.

As crimes become increasingly more sophisticated, it is imperative to find an attorney who knows how to defend litigants who may have unknowingly become a victim of entrapment or have been subjected to duress. For instance, to successfully defend a victim of duress, a criminal defense attorney must show that the defendant was threatened with serious bodily harm or death and the threat of harm is greater than the harm caused. He or she also must be shown that the threat was immediate and unavoidable.

Green Collar Criminal Activities

Another newer type of “white” collar crime is called green-collar crime. According to the website, somethingaboutorange.com, a green-collar crime is a criminal activity committed against the environment for profit.

The website, REDD-Monitor, profiled the first known green-collar crime, which took place in the UK. The accused individuals, Ian David Macdonald and David John Downes were charged with a carbon credit boiler scheme. The scammers defrauded investors for $9 million and were given prison sentences of 4 and 8 years, respectively.

Red Collar Crimes

While white-collar crimes are normally considered non-violent and intended to defraud and mislead, the term “red-collar crime” veers off-course in this regard. This type of crime describes a white-collar crime that turns unspeakably violent.

While a white-collar criminal generally uses various means of deception to steal or commit financial fraud, a red-collar criminal takes things several steps further by committing fraud concealment homicide. Usually, a red-collar criminal has a past that is marked by both white-collar and non-white-collar criminal activities. Therefore, the term, “fraud concealment” refers to the motive for the homicide.

Types of White Collar Crimes and Enforcement Agencies

A white-collar crime lawyer may handle crimes that involve money laundering, mortgage fraud, corporate fraud, embezzlement, mass marketing fraud, extortion (bribery), or fraudulent acts against a governmental agency. The enforcement of white-collar laws is often the responsibility of the Secret Service, IRS, EPA, SEC, and FBI. State laws also are designed to combat white criminal activities.

Investigations of White Collar Crimes

The investigation of a white-collar crime is done differently than other crimes, as it does not lead to an immediate arrest. Instead, the investigator looks into the suspected crime through tips or other information that signals possible criminal activity. During the investigation, wiretaps or subpoenas may be used to collect evidence All this is done to develop a case so a conviction can be made.

Also, a prosecuting attorney may use a grand jury to determine if there is sufficient evidence to charge an individual with a crime. The grand jury listens to testimonies from witnesses and reviews the evidence collected to see if there is enough information to go ahead and charge a suspect. Most white-collar crimes are classified as Category B or Category C felonies, which lead to convictions that may result in fines up to $100,000 or up to 20 years imprisonment. In identity theft cases, restitution may include the expenses involved in repairing victims’ credit.

Speak to an Experienced White Collar Crime Lawyer Now

To ensure your defense in a white-collar cream, you need to depend on the services of an experienced and knowledgeable white-collar crime lawyer. A lawyer who covers this form of defense knows what it takes to defend clients who are being scrutinized legally and professionally. Make sure you understand your rights and the process of law in this respect. Contact Los Angeles criminal defense attorney, Jance Weberman, or call the firm at (213) 386-9100 today.

The post What Is a White Collar Crime? appeared first on Jance Weberman | Winning Los Angeles Lawyer.

Getting a Lawyer Right Away

Even if you have not been approached by law enforcement officials for an interview or investigation, but you believe there is one underway, it is in your best interest to get a lawyer as soon as possible. You do not want to wait too long and find yourself in a situation where you are being placed under arrest or legal proceedings are being started against you and you do not have a legal defense team on your side. Getting a lawyer as soon as you can will allow you to discuss the situation with your attorney and have someone there to protect you and guard your rights during any type of investigation that is conducted.

Look For Experience

An important thing for you to know when you are considering white-collar crime lawyers in Los Angeles is that the attorney that you choose has experience in dealing with criminal and civil litigation regarding crimes of this type. There are all kinds of lawyers available today but not all will have the experience and understanding that you want working for you to help protect your interests correctly. A lawyer that is familiar with the federal and state statutes regarding the crimes you may be accused of can provide you with the best defense.

Know Who to Call

When you are considering the white-collar crime lawyers in Los Angeles to assist you, make sure that you speak to the office of Jance M. Weberman at (213) 386-9100. Mr. Weberman has been practicing law in the Los Angeles area for over twenty years and he and his staff will work to protect your rights and defend you properly in any civil or criminal matter you may face.

The post What You Need to Know about White Collar Crime Lawyers in Los Angeles appeared first on Jance Weberman | Winning Los Angeles Lawyer.

Allegations and crimes can occur to anyone at any time today. It does not matter what type of person you are or what industry you may be involved in; cases on local and federal levels are being filed all of the time against doctors, lawyers, bankers, investment specialists, insurance industries and many more areas. Many of these cases involve very lengthy investigations that can lead to cases that may involve things such as fraud. If you think or know that you are currently a part of a criminal investigation of this nature, you want to take steps right away to make sure you protect yourself, your family and your rights. You want to take the time to talk to a top rated white collar crime attorney in LA to be sure you are taken care of.

Finding a Specialist

In any type of case like this where you might be facing federal charges, you want to make sure that you have the right lawyer on your side. You need to hire someone that has a particular specialty in dealing with crimes of this nature. A white collar crime attorney is going to have a clear understanding of the laws and statutes involved in the charges you may be facing so that they will know the right approach to take in court. They can discuss the charges with you and explain everything that is going on clearly so that you know just where you stand and what the next best steps are for you to take.

Getting the Right Defense

An attorney that specializes in handling white collar criminal cases is going to be able to work closely with you not only to make sure that your rights are protected throughout any investigation but also to provide you with the best defense possible in any type of court case that may emerge. They have the expertise and the insight you need on your side at this time so you can be sure the process is navigated properly and that the best results that can be achieved on your behalf occur.

If you know that there is an investigation underway or one is pending and you are involved, make sure you take the time to talk to an experienced attorney right away. Delaying getting a lawyer may only hurt you in the long run and having the best possible on your side right from the start will help to make sure you are protected properly.

The post A White Collar Crime Attorney for Special Cases appeared first on Jance Weberman | Winning Los Angeles Lawyer.