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What constitutes embezzlement?

On Behalf of | Apr 3, 2021 | Criminal Defense |

Embezzlement is a serious crime, and if you’re concerned that you might be involved in embezzlement, you should learn more about what constitutes involvement. There are some lines of profession, such as the banking industry, where you as an employee have a lot of access to sensitive financial information and money, and you have to be especially careful that you’re not doing anything that could involve you in an embezzlement scheme. However, embezzlement can also happen in places that you might not even think about.

The definition of embezzlement

The most simple and comprehensive definition of embezzlement is a misappropriation of funds by an individual, a group of people, or even a company or anyone else who was charged with taking care of those funds by another person, a group of people, or an entity. Additionally, in order for it to be considered embezzlement, there are four criteria that must be met. Firstly, there must be some type of relationship where money was entrusted to another person or group of people. Secondly, it must be intentional, which can be very difficult to prove. Thirdly, the defendant must have acquired the money or asset through the fiduciary relationship. Finally, the defendant must have either directed the funds to someone else or have taken the funds or assets themselves.

Criminal embezzlement trial process

If you’re concerned that you might be involved in an embezzlement case, you should learn more about how you should go about creating a criminal defense. The first step will be jury selection, when the attorneys interview potential jury members. The second step is to have the hearing, during which all of the information is laid out for the jury. Finally, the jury will deliberate until it comes to a conclusion.

Embezzlement charges are serious and could result in a jury trial and eventually jail time or fines. Anyone who is involved in an embezzlement case should seek an attorney with experience.