Embezzlement involves illegally retaining entrusted property, including money, from an individual or entity. Unlike theft, someone who embezzles has an established responsibility to act on behalf of the other party. These accusations can be daunting, but you can manage the situation.
If you are facing charges, research California law. These tips will get you started.
1. Develop a strong defense
The prosecutor must prove several factors to establish guilt. The prosecution will attempt to show that you intended to defraud the person or business. Find ways to counter the prosecution’s arguments. Showing good faith, a lack of intent, asserting authority or emphasizing the absence of a demand for property return are legitimate potential strategies.
2. Know the amount of the accused embezzlement
The penalties vary based on the monetary value. In petty theft, the alleged embezzlement involves less than $950.00. If the item’s value exceeds $950.00, felony grand theft applies.
3. Maintain an effective public relations strategy
These cases can be intricate, involving detailed financial transactions. Fraud charges, especially those at the felony level, often receive extensive national media coverage. Acknowledge the situation’s complexity and prepare for a thorough investigation. Be mindful of how others may perceive your actions. Your response can impact both legal proceedings and public opinion. Maintaining transparency can be a valuable strategy.
4. Explore all possible resolutions
While rare, jail time is possible. According to a report by the Federal Bureau of Prisons, as of November 2023, less than 2% of inmates were in prison for banking and insurance fraud, embezzlement or counterfeit crimes. Negotiate a resolution that addresses the concerns of all parties. The value of restitution can influence the outcome.
Work toward restitution to mitigate the impact on your assets. A cooperative approach may contribute to a more favorable resolution.