What Constitutes Embezzlement?
Disputes and ugly disagreements can arise between an employer and employees or between business partners. Misappropriation of corporate funds, misuse of corporate expense accounts, or unauthorized use of corporate bank accounts may be a function of disputed pay or reimbursement rather than fraud. In general, in order to establish embezzlement occurred, the prosecution must establish the following: • A fiduciary responsibility existed between the accused and the alleged victim of embezzlement • The accused intentionally and knowingly acted in a manner to defraud the owner of the assets in question • The assets taken were fraudulently obtained through the defendant’s employment position • The assets taken were obtained through misappropriation, theft, or other means of financial manipulation While money may have been misappropriated or taken without permission, doing so does not automatically constitute embezzlement. Our attorneys provide our client’s side of the story, providing alterna
