Embezzlement refers to the theft of company funds through accounting fraud, misuse of corporate bank accounts, stealing money from investors, or intentionally diverting assets into private bank accounts. As a result, investigators typically audit a suspect's bank accounts, taxes, and financial transactions in order to identify inconsistencies and unexplained sources of income. In the process, investigators may begin talking to other suspects in order to arrange plea bargains and extend the scope of their investigation.
At the law office of Vaira & Riley, P.C., we counsel and represent people under investigation and accused of embezzlement. Depending on the specifics of your case, we may be able to intervene early, answer investigators' questions, and redirect an investigation away from you.
Before you speak to any investigators or provide a statement to prosecutors, contact criminal defense lawyers at Vaira & Riley today to schedule a confidential consultation to discuss your case.
Determining whether Theft actually Occurred
It's not uncommon for financial disagreements to arise in the workplace, especially when sales commissions, salaries, or reimbursement funds are involved. As a result, what may be a dispute between business partners or an employee and his or her employer, may look like embezzlement to over zealous investigators. In order to convict someone of embezzlement, the prosecution must establish the following:
- The accused has or had a fiduciary responsibility to the person or entity he or she allegedly embezzled from
- The money stolen was obtained through fraudulent means made possible by the accused position of employment
- The accused acted intentionally and knowingly to embezzle from his or her employer
- The stolen assets were taken through financial manipulation or fraud
In each case, the prosecution must not only prove theft occurred, they must prove intent. In defending clients, our attorneys present information and evidence that undercuts the credibility the official story offered by prosecutors. We remind jurors that even if money was taken without going through the proper procedure or channels, this does not necessarily constitute embezzlement.
Aiding Victims of Embezzlement
Vaira & Riley also represents persons and entities who have been victimized by embezzlement, such as administrators or general partners of investment funds, private corporations, professional associations, and pension funds. We have represented such entities in determining the extent of the loss, assisting in getting the guilty parties prosecuted, and suing accounting firms for not finding the shortages.If you have any problems in these areas contact Vaira & Riley today to schedule a confidential consultation your case.