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NYC Embezzlement Lawyers
Embezzlement in the state of New York is considered a form of larceny. It occurs when someone wrongfully takes or withholds property from an individual who legally owns it. New York defines property as money, debt or contract, real property, personal property as well as any item with a true established value. Embezzlement often occurs when a company or individual has a fiduciary obligation to a client. This could be officers in a corporation, trustee of a trust and more. A person charged with embezzlement is facing very serious punishment if convicted.
Fraudulent Conversion
This is considered the taking of property when an individual or entity had lawful possession of it. This is considered using property by a person who has been entrusted with it by the owner and used it for their own personal gain or benefit. The use of the property is done in a way not authorized by the property’s owner.
Proving Embezzlement
When a prosecutor conducts an embezzlement investigation they will try to discover proof of financial fraud, records being tampered with or altered and more. There are certain things that must be established in order for someone to be found guilty of embezzlement. It must be proven the alleged embezzled property did belong to another person. The individual accused of embezzlement must be shown to have been trusted by the property owner with the subject property. It will also have to be established the property owner was defrauded and more.
Punishment
In the state of New York, the amount of embezzled property will determine the amount of punishment. Should the property be an amount of $100 or less, a person found guilty could be fined up to $1,000. They may also be required to pay double the amount of the property that was embezzled. The fine will be whichever amount is greater. This will also be the case for amounts embezzled in the range of $1,000 to $3,000. Should a person be found guilty of embezzling between $3,000 and $50,00, they could be required to pay a fine of up to $5,000 or double the value of the property embezzled, whatever amount is greater. A person convicted of embezzling this amount may also be incarcerated for up to seven years. A person found guilty of embezzling in the range of $50,000 up to $100,000 will be fined up to $15,000 or double the agreed upon value of the property, whatever is greater as well as incarceration of up to 15 years. A conviction of property with an agreed upon value of more than $100,00 will bring a person a fine of $30,000 or double the amount of the embezzled property, whichever is greater, as well as incarceration of up to 25 years.
Legal Defense
Should a person in New York be accused of embezzlement; they should immediately speak with an experienced attorney. These legal professionals will know how to obtain the facts of the case and prepare the best possible defense. In some situations, a successful defense could be the embezzled property was given to a defendant as part of a claim of right made in good faith. It may also be proven the accuser instilled fear in the defendant to force them to embezzle money to benefit the accuser in some way and more.
It’s possible for a person who is accused of embezzlement to have some misconceptions about it. Some believe the person or company they took funds from is wealthy enough to easily absorb such a loss. Others believe since it is a white collar crime, they will only receive a slap on the wrist for what they’ve done. This is all untrue. A charge of embezzlement is serious. A person facing this charge should speak with an experienced attorney such as the ones at Spodek Law Group. They will know how to protect your rights and provide you the best legal defense possible.