Embezzlement is a white-collar crime involving an intentional misuse of funds or assets. Embezzlement occurs when you legally obtain money or assets but then use them in an illegal way.
Although embezzlement might sound complex, it can occur rather easily. A typical embezzlement scenario occurs when someone is trusted with collecting and managing money for a business or organization but takes the money for their own personal use.
The money or assets do not need to be of substantial value to classify the activity as embezzlement.
If you are arrested for embezzlement, exploring these common defenses can help you learn your chance of having the charge successfully dismissed.
Lack of intent
The prosecution must prove intent to secure an embezzlement conviction. Without evidence of intent, there is no case.
Lack of intent occurs in many situations. Perhaps you were not aware that you were using the funds illegally and believed you had the right to use them as you did.
A mistake or accounting error could make it look like embezzlement occurred on paper, but without evidence that the action was done intentionally, a mistake is just that – a mistake. You cannot be convicted of embezzlement for a mistake.
Showing you took the money for legitimate business purposes is another common defense. Demonstrating that you did take the money but you did so for an authorized business purpose is a defense.
Duress
Perhaps someone was threatening you to do what you did with the money. If you genuinely believed that harm would come to you or a loved one if you did not embezzle, you might have a duress defense. An example is a boss threatening to fire you if you did not participate in an embezzlement scheme.
Embezzlement is not typically charged until after a thorough investigation. You will likely receive notification that you are under investigation for embezzlement.
It is critical to act quickly as soon as you learn you might be the target of an embezzlement charge. You should have guidance and advice through each step of the investigation, especially during questioning and after an arrest.