White Collar Crimes: Embezzlement
Miami Federal Embezzlement Lawyers
Embezzlement is a white collar crime that is typically charged in federal court. However, the offense of embezzlement can be charged in state court as well. The laws of the State of Florida have consolidated property offenses such as embezzlement under the definition of theft. Anyone charged with the crime of embezzlement will be charged with theft.
To prove the crime of embezzlement in state court, the prosecution must prove that a defendant took another person's or entity's property temporarily or permanently without authorization. The state does not need to prove that the money was taken initially without the person's or entity's consent, however, the state must prove that at time some point the defendant took the entrusted property without the victim's consent.
Depending on the amount of money or property taken, a defendant may be charged with petit theft or grand theft. If the property taken is less than $300, the proper offense charged is petit theft. If the amount of the embezzlement was greater than $300, then the proper offense would be grand theft. There are three levels of grand theft in the State of Florida. The charge of grand theft third degree requires that the value of the property be between $300 and $20,000. If the amount taken is greater than $20,000, but less than $100,000 than the appropriate offense would be grand theft second degree. If the amount of the money or property taken exceed $100,000 the appropriate charge would be grand theft in the 1st degree.
Embezzlement is defined as the theft or fraudulent conversion of funds from by an individual that has lawful possession of the property. Embezzlement cases can arise in several situations. For example, embezzlement has occurred when a lawyer takes funds from a client's trust account and uses the funds for his or her benefit or when a financial advisor takes funds from an investor that were intended to be invested.
Embezzlement charges can be brought in both state and federal court, however, it is far more common to see large scale embezzlement cases litigated in federal court. Individuals that are accused of embezzlement are vigorously prosecuted. Those convicted of embezzlement face long prison sentences as the courts will look upon these individuals as fiduciaries that stole from individuals that trusted them. Anyone being investigated or charged with embezzlement would be wise to immediately seek guidance from a federal criminal lawyer experienced in defending these types of cases.
The Miami criminal law firm of DMT has represented individuals charged with embezzlement, fraud, theft and other white collar crimes both in state and federal court. The prosecution of white collar crimes has become more prevalent over the last five years. This is primarily the result of intense media coverage and task forces that have been created at the state and federal levels to investigate and prosecute individuals responsible for taking the financial assets of individuals as well as lending institutions.
White collar crimes such as embezzlement are complex cases that require legal representation that is committed to investigating every aspect of a criminal case. The legal team at DMT is committed to providing the highest quality and zealous defense for their clients. The discovery that accompanies these cases is voluminous to say the least. The Miami criminal lawyers at DMT will leave no stone unturned to provide the best legal defense for our clients. Convictions for white collar crimes such as embezzlement can carry long prison sentences and hundreds of thousands of dollars in fines.
To speak with and experienced Miami federal criminal lawyer at DMT about your white collar crime case, or if you have questions regarding a matter involving an embezzlement or theft charge, please contact DMT to schedule a free consultation. You can call our office at (305) 340-2197 or reach us by completing the form on our contact page
or by sending an e-mail. We are available 24 hours a day, 7 days a week, 365 days a year to assist you with your problem.