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.

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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.

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Lawyers Defending You Against the Government

There may be situations where you feel you were entrapped by government procedures and law enforcement as they brought charges against you that are not valid. The heavy pressure and persuasion you faced to commit an illegal act, whether overt or not, is unlawful, but you may not know how to best defend yourself in these situations. Hiring an attorney that has experience dealing with crimes of these nature that accountants, real estate brokers, medical personnel, insurance executives, financial services experts, bankers, and others may face can give you someone that will work hard at defending your rights from the start. You can have a lawyer there with you during any interrogation or interview so that you are protected from coercion of any kind.

Looking for Experienced Lawyers

There are many attorneys that will say they are quality white-collar crime lawyers in Los Angeles with the hopes of getting you to hire them for your case. However, you may find they have little to no experience with a case like yours, leaving you at the mercy of the system and in peril. You want to be certain you look closely at any attorney you consider, ask pointed questions, and do research. The idea is that you know the person you select as your representative knows what to do, the laws, and works diligently to defend you.

One of the Top White-Collar Crime Lawyers

If you want to be sure you have one of the top white-collar crime lawyers in Los Angeles, then you want to come to us at the law firm of Jance M. Weberman. Mr. Weberman has worked on many white-collar crime cases, defending people of varying backgrounds and occupations successfully against the allegations they face. You can plan a consultation with Mr. Weberman so you can talk about your situation and learn what legal defense will be best for you when you phone our firm at 213-386-9100. If you prefer to send us a message or would like us to contact you at a convenient time, please fill our online contact form with your details and your enquiry so a member of our staff can get in touch with you. Protect yourself the best way you can and do not leave your defense to chance; make sure you get an expert attorney to help you today.

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