What to Do if You’re Charged with Embezzlement

What to Do if You’re Charged with Embezzlement

Being accused of embezzlement can turn your life upside down. These felony charges can destroy careers, lead to substantial prison time, and leave you wondering how you’ll ever recover. It’s normal to feel scared, overwhelmed, and unsure of what to do next.

But don’t despair. With the right legal strategy, even innocent people can beat embezzlement allegations. This article provides practical guidance on steps to take if you find yourself facing these charges.

Understand the Charges

The first step is gaining a clear understanding of exactly what fraudulent activities you are being accused of. Common embezzlement schemes include:

• Misappropriating company funds
• Forging checks
• Stealing inventory or equipment
• Padding expense reports
• Diverting payments from customers

Review the formal charging document closely with your attorney to identify the specific allegations so you can start building an effective defense.

Hire an Experienced White Collar Criminal Defense Lawyer

Don’t even think about handling embezzlement charges alone – you need an experienced criminal defense lawyer. Look for someone with extensive experience specifically defending white collar financial crime cases. This is a complex specialty area.

Be sure to ask about their track record getting embezzlement and other fraud charges dismissed pre-trial. The right lawyer can often get charges dropped due to lack of evidence.

Don’t Try to Explain Yourself to Investigators

Investigators may try contacting you to get your side of the story. Politely decline to speak with them and refer them to your attorney. Anything you say can be used against you, so don’t answer any questions without your lawyer present.

Gather Evidence to Refute the Charges

While your lawyer handles the legal aspects, you need to start gathering up any evidence that helps prove your innocence. This may include records like:

• Time sheets and schedules
• Emails and documents
• Accounting records
• Inventory reports
• Bank statements

Also write a detailed timeline from your perspective on the events in question. Providing your lawyer with everything supporting your defense is crucial.

Avoid Social Media Posts About the Case

Do not post anything related to your case on social media. Prosecutors can and will comb through your profiles looking for incriminating statements. Avoid posting anything that could undermine your defense.

Consider Your Options Carefully

Your attorney may advise negotiating a plea bargain rather than risk going to trial. While pleading guilty to lesser charges avoids trial, it still leads to substantial penalties. Weigh your options objectively.

Get Character Witnesses Lined Up

Ask people who will testify to your honesty and integrity to serve as character witnesses. Their testimony as to your law-abiding reputation can create reasonable doubt with the jury.

Highlight Compliance Programs

If the alleged embezzlement occurred at your company, show evidence of compliance programs like:

• Internal financial controls
• Audits
• Theft and fraud prevention training

This demonstrates the company took active measures to prevent the very activities you are accused of.

Prepare for Your Day in Court

Less than 5% of embezzlement cases go to trial, but it could happen. Your lawyer will extensively prep you on everything from your attire to your body language on the stand. The goal is appearing sympathetic, credible, and human to the jury.

Beware of Confidential Informants

Many financial crime cases rely heavily on confidential informants who cooperate in exchange for lighter sentences. Treat their claims skeptically, as they have incentive to fabricate information against you.

Don’t Lose Hope

The weight of criminal charges can seem crushing. But stay positive day-to-day and keep sight of the big picture. With an experienced white collar criminal defense lawyer guiding you, even innocent people can achieve favorable outcomes and avoid jail time.