Criminal Defense
What is Corporate Embezzlement?
What is Corporate Embezzlement?
Corporate embezzlement is a kind of financial fraud that often involves employees who have been wrongfully appropriating funds that have been entrusted to them, but which are owned by the corporation. Because intensive security measures are put in place in the corporate world, corporate embezzlement is a premeditated and methodical criminal action with the intent of concealing the activities from the corporation. In order for a person to successfully embezzle funds, he or she must be a trusted member of the business. This person must also embezzle only a fraction of the funds in their charge. If done properly and undetected, over time the embezzler could continue with unlawful gains without ever being noticed.
Is Corporate embezzlement a misdemeanor or felony?
When executives, directors, board members or trusted employees of a business engage in malicious acts like that of corporate embezzlement, the integrity and financial health of the businesses is compromised. Depending on the severity of the crime (length of time, amount of funds misappropriated, employees involved), embezzlement may qualify as a misdemeanor or a felony. In some cases, criminal defense lawyers are able to reduce the sentences despite the wealth of evidence against the embezzler.
Defense Against Embezzlement Accusations
If you have been accused of diverting company funds for personal use it is essential to your case that you consult with a skilled phoenix criminal defense lawyer to discuss your legal options. A skilled criminal attorney can negotiate with the prosecution and prove that they do not have sufficient evidence, or that the alleged embezzler has been wrongfully accused. Failure to prove one’s innocence has serious penalties. Felony convictions in grand theft cases (crimes over $400) result in a county jail prison sentence with fines exceeding thousands of dollars. Additionally, the convicted person must pay back all the funds to the victim.
How White Collar Crime Compares to Other Types of Crime
“White-collar” work was originally used to describe clerical and administrative job functions. Such workers are generally associated with jobs that don’t require strenuous physical labor. Conversely, “blue-collar” work refers to skilled and unskilled manual labor. These two contrasting classifications of workers typically commit equally dissimilar types of crimes.
Although people generally associate white-collar crime with social status, respectability, sophistication and wealth, the Federal Bureau of Investigation does not take any of these factors into consideration. The FBI defines white-collar crime as “. . . those illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence. Individuals and organizations commit these acts to obtain money, property, or services; to avoid the payment or loss of money or services; or to secure personal or business advantage.” White-collar crimes can include the following: insider trading, securities fraud, bribery and embezzlement. Basically such crimes are characterized by lying, cheating, stealing and similarly unfaithful behaviors. They involve complex deceit with the intent of capital gain.
White collar crimes are investigated by four different federal agencies: the Internal Revenue Service (IRS), Securities and Exchange Commission, FBI and the Department of Homeland Security. White-collar crimes may be charged at both the state and federal level, can vary from jurisdiction to jurisdiction and depend on the severity of the offense. For example, in a case of embezzlement the value of the embezzled property will be factored into the punishment, along with any prior record, the relationship the individual has with the company and the duration of the crime. If you are facing criminal charges, it is essential to hire a seasoned Jacksonville criminal attorney who specializes in white collar crimes defense. The typical punishment for embezzlement if a prison sentence, restitution to the victim, and a possible payment of interest and period of supervised release. Criminal penalties for insider trading can warrant up to a 20 year prison sentence, and as high as a $5 million fine for each willful violation of the Securities Exchange Act. However, if the individual being charged with insider trading can prove that they were unaware of any violations of rules and regulations imprisonment can be reconsidered and thrown out. Criminal penalties for white-collar crimes vary, but most laws will demand a (usually hefty) monetary fine, a prison sentence or both.
Blue-collar crimes are usually crimes against others in which there is a direct victim. They are known to involve an element of violence, although that does not necessarily need to be the case. These crimes include kidnapping, shoplifting, vandalism, murder and rape. “Victimless” blue-collar crimes include substance abuse, gambling and prostitution.
Blue-collar crimes generally cause more immediate and visible damage to society, therefore they are punished more quickly and usually more harshly than white-collar crimes. Depending on the severity of the crime and the amount of damage that has been done, one may be charged with a misdemeanor or a felony. Examples of blue-collar misdemeanors are petty theft, simple assault and public intoxication. Punishment for such crimes will typically include a short sentencing (less than one year) or alternative sentencing such as community service or a rehabilitation program. Felonies, on the other hand, are more serious crimes that can include arson, battery rape and murder. Such crimes warrant harsher penalties of a prison sentence to exceed one year, and can even result in the death penalty.
Embezzlement Law
Embezzlement is a type of financial fraud that can range in severity from a few misappropriated dollars to a multi-billion dollar complex financial scheme. Embezzlement is defined as, “a criminal offense which involves the fraudulent and secret misappropriation of money or assets by an agent to whom the property has been entrusted.”
In order for embezzlement to occur the original acquisition of the finances or goods must not be trespassory and there must be a conversion. Unlike larceny, embezzlement only occurs when the person facing criminal charges was the entrusted caretaker of the funds. This means that the funds were obtained in a legal and sound manner. A conversion occurs when the funds are not simply relocated, but used in a manner that interferes with them in some way. An example would be a financial adviser taking the funds of his client that were intended to go in to their retirement accounts, and using them to fund his own lifestyle or investments.
The largest embezzlement ever recorded was by American Businessman, stockbroker, and investment adviser Bernard “Bernie” Madoff. In the year 1960 he used the money saved from college jobs to start Bernard L. Madoff Investment Securities LLC, where he remained the chairman until his arrest on December 11, 2008. The firm was one of Wall Street’s top market maker businesses for decades, and managed assets in excess of $50 billion dollars. Records indicate that the Ponzi scheme began as early as the 70s, but probes in to the company’s validity didn’t begin until as late as 1999. Many large investment firms and mathematicians questioned the validity of the company and its extravagant payouts, but their concern was largely ignored by the SEC. On December 10, 2008 in his New York penthouse, Madoff confided to his sons that he was struggling to pay back investors, that he had no money left and that the business was a huge Ponzi scheme and was just, “one big lie”. Madoff’s sons reported him to authorities and he was arrested the next day. In March 2009 he pleaded guilty to 11 federal felonies and admitted to turning his wealth management company in to a massive Ponzi scheme and was sentenced to 150 years imprisonment- the maximum allowed.
In America embezzlement is a statutory offense, so definitions and punishments can vary. Generally speaking those who are found guilty of embezzlement can face penalties ranging from simply having to pay back their investors to serving lifetime jail sentences and fines of billions of dollars. If you or someone you love is facing charges for embezzlement, contact an Phoenix embezzlement lawyer immediately. An attorney specializing in white collar crime will be able to find weaknesses in the charges you are facing and uncover evidence that will support your defense. In situations where going to court will not be in your favor, an attorney will negotiate to have the charges you are facing reduced.
What Are White Collar Crimes?
The term “white collar crime” was first used by sociologist Edwin Sutherland in 1939. He said that this type of crime was “committed by a person of respectability and high social status in the course of his occupation.” This was to distinguish white collar crimes from “blue collar crimes” that often involves physical force and violence. White collar crimes include:
· Identity theft
· Bank fraud
· Embezzlement
· Insurance fraud
· Counterfeiting
· Money laundering
· Computer crimes
· Healthcare fraud
· Government fraud
· Tax fraud
· Mortgage fraud
· Investment frauds
· Many others
White collar crimes are often committed because there is access to a steady stream of money, such as in banks, insurance offices and securities and trading environments. The FBI reports that white collar crimes are more sophisticated than ever before and they are increasing in number every year. Recent white collar crimes include the Enron case and the Bernard Madoff Ponzi scheme. In both of these cases, investors lost billions of dollars. It is estimated that white collar crime costs the government some $300 billion yearly.
The Difference Between White Collar Crimes and Blue Collar Crimes:
White collar crimes tend to be committed in office and corporate environments and usually do not include physical violence. Blue collar crimes, on the other hand, are crimes that are physical or violent in nature, and include:
· Robbery
· Burglary
· Breaking and entering
· Auto theft
· Assault
· Murder
· Rape
· Crimes against persons
· Crimes against property
· Prostitution
· Gambling
· Drug trafficking
Blue collar crimes are crimes that are committed “on the street,” as opposed to white collar crimes, which are often committed within the confines of corporate and government offices. Blue collar crimes are crimes that often involve weapons, force, violence, gangs and brutality. A white collar crime will tend to be committed using a computer, a phone and/or a pen.
Corporate and Individual White Collar Crimes:
White collar crimes may be committed by individuals and corporations. White collar crimes are often committed by altering accounting records and in many instances this makes them extremely difficult to prosecute. Other white collar crimes include:
· Antitrust violations
· Environmental law crimes
· Telemarketing fraud
· Insider trading
· Mail fraud
· Wire fraud
· Public corruption
· Price fixing
· Social security fraud
· Trade secret theft and sales
· Hedge fund fraud
· Frauds targeting senior citizens
Penalties for White Collar Crimes:
White collar crimes may result in extremely severe penalties. For example, Bernard Madoff was sentenced to 150 years in prison for his massive investment fraud. Penalties may include:
· Jail or prison, often up to 30 years
· Probation
· House arrest
· Fines – often in the millions of dollars
· Community service
· Asset forfeiture
· Restitution
· Paying for the cost of prosecuting the crime
White collar crimes are aggressively prosecuted in federal and state courts. The FBI investigates federal white collar crimes and the U.S. Department of Justice prosecutes them. State courts prosecute state white collar crimes. In some cases, both federal and state prosecution may be called for. If an individual is under investigation or has been arrested for a white collar crime, aggressive and experienced legal representation is of the utmost importance