The phrase “white collar crime” can elicit a strong reaction. There are large implications that come along with the term such as money laundering and forgery, which are intricate and hard to perform.

Embezzlement is a type of white collar crime that has serious consequences. Embezzlement isn’t like some other types of white collar crime in that it can be easy to commit. There are some cases in which you might not even realize you are embezzling from your employer.

However, to be successfully prosecuted for embezzlement, there must be proof of intent. If you aren’t intentionally stealing or otherwise embezzling from your employer, you likely won’t face embezzlement charges, though you still could be penalized. Nonetheless, it may help you to be aware of what embezzlement consists of.

To start, it may help you to know what embezzlement is and what the signs might be.

Components of embezzlement

There are generally three main elements that will qualify your actions as embezzlement:

  1. There must be some sort of financial relationship between the two parties involved, such as an employer and employee
  2. You must have gained the property or other benefit through this relationship. This means you can only have possession of the goods because you are employed by their provider.
  3. You must now have ownership of the property or other benefit, or have transferred or sold it to a third party. For example, if you stole work equipment, it would have to be considered your property now to qualify as embezzlement.

Examples

Here are a few common examples of embezzlement you might not realize qualify as white collar crime and can result in severe consequences:

  • Misuse of company credit card
  • Stealing or misusing equipment from your workplace
  • Making false payments to vendors
  • Keeping or making incorrect records such as shift hours

Embezzlement can have serious ramifications. Be sure you know your actions in the workplace regarding finances and other use are sanctioned by your employer so you do not get into legal trouble.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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