Lowther | Walker’s embezzlement defense lawyers have decades of experience successfully defending financial crimes cases. We intervene at the early stages of an embezzlement investigation and communicate with your employer and investigators to mount a compelling defense of the charges against you.
Proactive legal insight can help protect your long-term future. Call the embezzlement defense attorneys at Lowther | Walker for a confidential case review.
Embezzlement cases often rely on intricate paper trails, bank records, and accounting audits.
An experienced attorney can work with forensic accountants to challenge the prosecution’s interpretation of these financial records, potentially finding errors in the math or alternative explanations for missing funds.
To convict, the prosecution must prove the defendant intended to defraud. A skilled lawyer can argue that discrepancies were due to accounting errors, negligence, or lack of training rather than criminal intent, which can be the difference between a conviction and a dismissal.
Embezzlement often carries harsh penalties, including significant prison time, heavy fines, and mandatory restitution. Experienced attorneys can present mitigating factors (such as lack of prior criminal history or willingness to pay restitution) to argue for reduced sentencing or probation instead of incarceration.
Many white-collar cases are resolved through plea bargains rather than trials. An experienced negotiator knows the local court system and prosecutors well enough to secure a favorable deal, such as pleading to a lesser charge that might avoid a felony record or preserve professional licenses.
Protecting Against Civil Liability
Embezzlement charges often trigger simultaneous civil lawsuits from the employer seeking to recover losses. A defense attorney can manage the criminal case in a way that avoids making admissions or revealing information that could damage the defendant in forthcoming civil proceedings.
According to the Department of Justice, embezzlement is “the fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come.”
Embezzlement can include, but is not limited to, a bank manager or teller stealing money from a customer, a business employee taking from a client or embezzling company money, or even a board member dipping into investment funds for personal use.
Either state or federal embezzlement charges will be issued, depending upon the type of embezzlement and the circumstances surrounding the case. Because of the nature of embezzlement cases, a reputable embezzlement lawyer should be consulted for legal proceedings in all embezzlement cases.
State embezzlement sentences can include a fine or jail time. But federal embezzlement is a more serious offense with more severe consequences. Any property or money stolen from the federal government by a federal employee or a person who has access to government money and accounts is considered federal embezzlement.
According to the law, thirty specific actions can be classified as federal embezzlement. A few examples include:
Penalties for embezzlement charges depend upon the value and type of property that the defendant is accused of stealing, as well as other factors of each unique case. Relevant factors when judges consider when penalizing embezzlement include previous convictions, whether the person was in a position of trust, the level of access they had, and the duration of the theft.
Embezzling more than $1000 of government money could lead to:
Penalties for embezzlement by a bank employee or employee of a lender or credit institution include:
Embezzlement crimes have a statute of limitations of five years under federal law. Any person suspected of embezzlement must be indicted within five years of the alleged crime. Acts that take place after those five years are not eligible for indictment.
Lowther | Walker’s embezzlement lawyers have years of experience winning embezzlement cases. Our background serving in the most prestigious federal courts empowers our comprehensive financial fraud defense services. While our years of representing clients ensure we know the types of evidence prosecutors use and can counteract them.
Embezzlement charges can affect your ability to find a job and live a normal life in the future. They can destroy relationships and ruin lives.
When faced with a major criminal charge with devastating legal consequences, you need to hire a trial-tested embezzlement lawyer.
Win your case backed by lawyers who have 20 years of winning federal criminal cases nationwide. Schedule your free consultation with our top-rated embezzlement lawyers at Lowther Walker.
Embezzlement is a “specific intent” crime. This means the prosecution must prove beyond a reasonable doubt that you specifically intended to defraud the owner or permanently deprive them of their property.
If your attorney can demonstrate that the loss of funds was due to a mistake, an accounting error, or poor record-keeping rather than a conscious decision to steal, the charges may not stand. Negligence is generally not a crime; fraud is.
This is known as the “Claim of Right” defense or a “Mistake of Fact.”
If you had a good faith belief that you had a right to the money or property (for example, believing you were withdrawing unpaid wages or a promised commission), you did not have the fraudulent intent required for an embezzlement conviction. Even if your belief was incorrect, the fact that you genuinely believed it was yours can be a valid defense.
Many people believe that if they return the funds, the crime is “undone.” This is a misconception.
The crime of embezzlement is technically complete the moment the funds are misappropriated. Returning the money does not erase the act.
Defendants often claim they intended to return the money later and were just using it temporarily.
The “intent to restore” is not a complete defense to embezzlement. If you took money you weren’t authorized to use, even for a day, the breach of trust has occurred.
However, If there is a history of accepted “borrowing” practices within the company (e.g., employees routinely taking cash from the register for lunch and putting it back later with the owner’s knowledge), your lawyer might argue that you were operating under established custom.
Embezzlement specifically requires that the person was in lawful possession of the funds initially but then used them in an unauthorized way.
A common defense is proving that your actions fell within the scope of your authority. For example, if you are accused of embezzling company funds for a trip, but you can prove the trip had a legitimate business purpose and you were authorized to make discretionary travel decisions, the act was not embezzlement. It was a business expense.
If you’re facing federal charges and prosecutors are closing in, call Lowther | Walker to fight back. Our defense lawyers are available 24/7 to respond to your urgent case questions.
