Experienced Criminal Defense Attorney
Kenneth Padowitz Provides Those Accused Of Embezzlement With A Strategic Criminal Defense
Embezzlement is a criminal act that involves dishonestly withholding funds often with the purpose of committing theft; this is done by an individual who has lawful possession of these assets and have been entrusted these funds for different purposes. For example, a financial advisor who steals funds from their investors under the guise of a failed investment could be charged with embezzlement. Often referred to as a white collar crime, embezzlement is a type of financial fraud; A crime of this nature may be prosecuted by the state or federal government, and is punishable by imprisonment and/or fines that vary based on the amount of assets embezzled along with any other aggravating circumstances.
How Does Embezzlement Occur?
Embezzlement is usually a crime that is systematically premeditated. The perpetrator is clearly intending on stealing funds or property, and throughout this whole process, will try to conceal their illicit activities from the victim. There have been many instances where the individual trusted with the monetary assets will only siphon off a small fraction of the total resources available; this helps minimize the risk of being found out. It is much easier to notice when a large amount of money goes missing, compared to a very small amount of money misplaced over a number of years. The person entrusted with the assets may, or may not have any ownership percentage at stake; an example would be one of two co-owners of a business slowly secreting money from a joint business account.
In America, embezzlement is a statutory offense, meaning it is written law; this is compared to “regulatory law” which comes from the executive branch, or “common law” from the judicial branch (appeals court decisions). Due to the nature of a statutory offense, the definition of the crime of embezzlement varies in each jurisdiction. As stated in Moore v. United States: ” 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.”
How Does Embezzlement and Larceny Differ?
Embezzlement differs from larceny (theft) because in embezzlement, the original taking of the property was lawful, and with the consent of the owner. In a theft crime, the felonious intent exists at the time of the taking of property. In a theft crime, property is stolen; embezzlement does not always imply that a theft occurred. For example, a child receiving who receives lunch money, but instead uses that money to buy a toy, may arguably be referred to as a form of embezzlement.
Fort Lauderdale Criminal Defense Attorney
If you have been charged with embezzlement, or believe you may be charged in the future, contact us. Fort Lauderdale Federal criminal defense attorney Kenneth Padowitz aggressively defends the rights of those accused of embezzlement crimes. Federal criminal charges may be brought upon someone who is accused of embezzlement, and depending on the value of property stolen, will face increasingly stiff penalties; a criminal defense lawyer is a necessity. Our Fort Lauderdale based law firm provides strategic legal representation to those men and women accused of federal crimes throughout South Florida, including: Palm Beach, Miami, Weston, Fort Lauderdale, Boca Raton, Parkland, and Tamarac. Call Kenneth Padowitz, P.A. to discuss this important matter.