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Lowther | Walker’s embezzlement defense lawyers have decades of experience successfully defending financial crimes cases. We intervene during the early stages of an embezzlement investigation and communicate with your employer and investigators to ensure a compelling defense against your charges.
Our background includes defending clients nationwide in the following embezzlement cases:
Embezzlement of public money, property, or government records
Embezzlement committed by officers, employees, or agents of the federal government
Misappropriation of funds by bank employees or bank examiners at federally insured financial institutions
Embezzlement from employee pension, health, or welfare benefit plans
Embezzlement of tools and materials intended for counterfeiting
Theft or misappropriation involving federally funded healthcare programs or other federal benefit plans
Fraudulent theft or embezzlement of major pieces of artwork from museums
Proactive legal insight can help protect your long-term future. Call the embezzlement defense attorneys at Lowther | Walker for a confidential case review.
No-obligation. Fully confidential.
Call Us Today: (404) 496-4052
Why Choose Lowther | Walker for Embezzlement Defense?
When facing federal embezzlement charges, your defense requires strategic precision and a thorough understanding of complex financial investigations. Lowther | Walker brings 30 years of federal criminal defense experience to courtrooms across the United States. Because our attorneys are admitted to practice in multiple federal circuits, we can represent clients in all 94 federal judicial districts.
When your future is on the line, you need a defense team with a proven track record of countering federal prosecutors. Schedule your free, confidential consultation with the trial-tested attorneys at Lowther | Walker today.
Declined Medicare Fraud Prosecution When the government alleges $100 million in fraudulent Medicare reimbursements, the stakes are undeniably high. Recently, our firm successfully represented the former director of a national laboratory targeted by federal authorities […]
Fraud Charges Dismissed In US v. J.C., the DOJ targeted our client, a public official, for their alleged involvement in a conspiracy to fraudulently obtain over $1 million in pandemic subsidies and loans. We dismantled […]
Investigation terminated; no prosecution. DOJ notified our client that she was the target of a multi-million-dollar public corruption, money-laundering, and tax-fraud investigation that the FBI and IRS-CI were conducting. The client’s former attorney had arranged […]
The FDIC-OIG, the HUD-OIG, and the FHFA-OIG investigated our client, a real-estate broker, for Mail Fraud, Wire Fraud, and Bank Fraud, based on the client’s allegedly conspiring to obtain $1.7 million in fraudulent mortgage loans […]
The HSI and the FBI investigated our client, a member of the activist collective Anonymous, for Computer Fraud, based on the client’s allegedly participating in a distributed denial of service (“DDOS”) attack on a corporate […]
Declined Medicare Fraud Prosecution When the government alleges $100 million in fraudulent Medicare reimbursements, the stakes are undeniably high. Recently, our firm successfully represented the former director of a national laboratory targeted by federal authorities […]
Fraud Charges Dismissed In US v. J.C., the DOJ targeted our client, a public official, for their alleged involvement in a conspiracy to fraudulently obtain over $1 million in pandemic subsidies and loans. We dismantled […]
Investigation terminated; no prosecution. DOJ notified our client that she was the target of a multi-million-dollar public corruption, money-laundering, and tax-fraud investigation that the FBI and IRS-CI were conducting. The client’s former attorney had arranged […]
The FDIC-OIG, the HUD-OIG, and the FHFA-OIG investigated our client, a real-estate broker, for Mail Fraud, Wire Fraud, and Bank Fraud, based on the client’s allegedly conspiring to obtain $1.7 million in fraudulent mortgage loans […]
The HSI and the FBI investigated our client, a member of the activist collective Anonymous, for Computer Fraud, based on the client’s allegedly participating in a distributed denial of service (“DDOS”) attack on a corporate […]
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.
When facing federal embezzlement charges, your defense requires strategic precision and a thorough understanding of complex financial investigations. Lowther | Walker brings 30 years of federal criminal defense experience to courtrooms across the United States. Because our attorneys are admitted to practice in multiple federal circuits, we can represent clients in all 94 federal judicial districts.
Federal prosecutors and agencies like the FBI or IRS build their cases well before an indictment is handed down. We utilize former federal agents to conduct confidential internal investigations, allowing us to counter the government’s evidence early and pursue pre-trial resolutions before charges become public.
We’re national leaders in federal white-collar defense, providing us with a distinct operational advantage in complex financial fraud, white-collar crimes, and embezzlement matters. We understand the exact types of forensic evidence the prosecution relies on and how to dismantle it.
Embezzlement allegations threaten your career, your financial stability, and your freedom. We aggressively defend your rights at every stage, from initial target letters and asset forfeiture defense through trial and sentencing.
When your future is on the line, you need a defense team with a proven track record of countering federal prosecutors. Schedule your free, confidential consultation with the trial-tested attorneys at Lowther | Walker today.
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 accounting errors 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 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.
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.
Federal embezzlement is a “specific intent” crime, meaning you must have knowingly and fraudulently intended to deprive the owner of their property. If you operated under a “good faith” belief that you were legally entitled to the property or authorized to use it, there is no criminal intent. This defense is often supported by showing you relied on the advice of legal counsel or accountants, or that you were following established corporate practices.
Corporate officers and employees with financial authority are sometimes falsely accused of embezzlement after moving funds for company operations. This defense requires forensic accounting to trace the funds and prove they were used for legitimate, authorized business expenses rather than being siphoned for your own personal financial gain.
A core element that separates embezzlement from standard theft (larceny) is the existence of a fiduciary relationship. The government must prove that the property owner legally entrusted you with the assets based on confidence (e.g., an employer-employee or agent-principal relationship). If the prosecution cannot prove you had lawful, authorized access to the funds prior to the alleged taking, the specific charge of embezzlement cannot stand.
Federal prosecutors frequently build their cases on complex spreadsheets, financial summaries, and investigator reports rather than raw source documents. A strong defense will aggressively cross-examine the government’s forensic accountants to expose incomplete records, bad data, weak chains of custody, or false assumptions hidden within the government’s polished financial charts.
This defense applies if you were forced to misappropriate funds under the threat of immediate harm. For example, if a superior threatened you with severe physical or professional retaliation if you did not participate in a scheme to alter the books. General financial hardship (such as embezzling to pay off personal debt or provide for a family) does not legally qualify as duress.
While rare, entrapment occurs when federal government agents induce or compel you to commit a crime that you were not otherwise predisposed to commit. In embezzlement cases, this might involve federal investigators setting up “bait” assets and applying undue, coercive pressure on an individual to misappropriate them.
Many federal fraud defenses have nothing to do with financial doctrine and everything to do with procedure. If federal agents obtained financial records, seized hard drives, or searched your property without a valid warrant or probable cause, that evidence can be suppressed under the Fourth Amendment. Likewise, if investigators extracted confessions or statements through defective interviews that violated your Miranda rights, those statements can be thrown out.
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 on the value and type of property the defendant is accused of stealing, as well as other factors of each case. Relevant elements judges consider in 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 five-year statute of limitations 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.
Win your case, backed by lawyers with decades of experience winning federal criminal cases nationwide. Schedule your free consultation with our top-rated embezzlement lawyers at Lowther Walker.
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.
No-obligation. Fully confidential.
Call Us Today: (404) 496-4052
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.
Lowther | Walker’s defense lawyers have decades of experience defending clients against IRS-CI investigations for tax fraud, including the willful failure to pay employment taxes. Our battle-tested defense team provides 24/7 representation to safeguard your financial future.
The firm boasts national experience and landmark Not Guilty verdicts in complex bank fraud litigation, including PPP loan and mortgage fraud. Lowther | Walker aggressively challenge the prosecution’s specific intent claims and dismantle federal scheme theories to protect clients.
When you face federal wire fraud charges, we provide 24/7 nationwide defense advocacy to protect your personal freedom. We leverage our decades of courtroom and prosecutorial experience to effectively counter all government investigations early. Whether you face bank, tax, or healthcare fraud allegations, we will fight for your financial future.
When you face SEC or DOJ securities fraud investigations, we deploy forensic market analysis and decades of federal trial experience to defend your freedom. We aggressively counter complex allegations of insider trading, accounting fraud, and algorithmic manipulation. By dismantling claims of criminal intent, we fight to protect your financial future.
