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Beating Philadelphia Embezzlement and Wire Fraud Charges
Getting charged with embezzlement or wire fraud in Philadelphia can be scary. These white collar crimes carry serious penalties like hefty fines and years in prison. But don’t panic. An experienced defense attorney can help you fight the charges and avoid conviction. This article explains common defenses for beating embezzlement and wire fraud accusations in Philly.
Contents
What is Embezzlement?
Embezzlement involves stealing money or property from your employer. It often happens when someone with access to company funds or assets takes them for personal use. For example, an accountant who transfers money from the business into their personal account. Or a cashier who pockets cash from the register.
Embezzlement doesn’t require violence or breaking and entering like other thefts. The accused typically uses their position of trust to secretly take assets. This makes it a kind of white collar crime.
What is Wire Fraud?
Wire fraud is using electronic communications like phone, internet, or text to execute a scheme to defraud someone. For instance, emailing fake invoices to your company and pocketing the payments. Or texting employees to deposit funds in your personal accounts.
Wire transmissions being involved is what defines this crime. The actual fraud can take many forms – identity theft, stealing funds, collecting donations for fake charities, etc.
Embezzlement and Wire Fraud Penalties
Like all felonies, embezzlement and wire fraud carry stiff punishments. Exact penalties vary based on how much was stolen and other factors. But federal statutes provide:
- Up to 20 years in prison
- Fines up to $250,000 for individuals, $500,000 for organizations
- Restitution to repay victims
Defendants also face asset seizure, supervised release, and reputation damage. Plus, convictions remain on background checks forever.
Embezzlement and Wire Fraud Defenses
Fighting these charges starts with understanding the prosecution’s burden of proof. For any criminal conviction, guilt must be proven beyond a reasonable doubt. This high standard gives the defense chances to avoid conviction. Common defenses include:
You Didn’t Do It
Seems obvious, but claiming innocence can work when the evidence is weak. Police make mistakes sometimes. Witnesses can lie. Unless you’re on video committing the crime, denying the allegations puts prosecutors to their proof.
Embezzlement requires you to have authorized access to the funds or property. If you weren’t supposed to have access, it may be regular theft or fraud – not embezzlement.
Loan vs Theft
What if you planned to return the money? Maybe you “borrowed” funds temporarily to cover bills. Then intended to pay it back before anyone noticed. This can undermine embezzlement charges which require intent to permanently deprive the victim of their property.
Sloppy Accounting
Some embezzlement accusations are just honest mistakes. In complex organizations, funds can get misdirected or lost innocently. Defendants can often blame sloppy accounting, unclear policies, or miscommunications.
Someone Else Did It
Pointing the finger at another person can raise reasonable doubt about your guilt. This defense argues that someone else with access to the property must have taken it. The burden then shifts to prosecutors to prove their case against you specifically.
Diminished Mental Capacity
Courts recognize that mental disabilities can prevent people from forming criminal intent. The defense of diminished capacity argues you lacked the mental state to intentionally commit fraud or theft. This can lead to reduced charges or sentencing leniency.
Pro Tips for Beating Embezzlement and Wire Fraud
Here are some pro tips for building an effective defense against embezzlement or wire fraud accusations:
- Hire an experienced white collar crimes attorney – Finding a lawyer with specific expertise in financial and fraud crimes is crucial. They will know all the technicalities and defenses to fight the charges.
- Keep quiet – Anything you say to police can be used against you. Invoke your right to remain silent until your lawyer is present. Never try to explain away evidence before consulting your attorney.
- Check bank accounts – Prosecutors will thoroughly examine bank statements to identify suspicious transfers. Review your accounts with your lawyer to anticipate the prosecution’s arguments.
- Gather exculpatory evidence – Any records, emails, voicemails, etc that show your innocence or lack of criminal intent can help. Preserve them for your lawyer.
- Look for sloppy procedures – Study the company’s accounting practices to identify potential errors that could explain missing funds. Documentation problems can create reasonable doubt.
- Build an alternate theory – Develop a plausible counter-narrative for what really happened. For instance, pinning the blame on a bookkeeper who recently resigned. Having another viable suspect makes your innocence more believable.
The Bottom Line
Dealing with embezzlement or wire fraud charges is daunting. But an aggressive defense can beat the case when done right. Don’t go it alone. Retaining an experienced white collar crime lawyer is critical for protecting your rights and future. With smart defense strategies, even the strongest accusations can often crumble under closer scrutiny. So don’t assume you’re doomed if charged with embezzlement or wire fraud. A talented attorney can stand between you and conviction – even in Philadelphia.