Aidala Bertuna & Kamins | Attorneys At Law
Schedule a Consultation

Necessary factors for an embezzlement charge

New York residents might wonder what is meant by the term "embezzlement". It is a form of theft that happens when an individual steals from funds that are available to them without belonging to them. For example, a store clerk or bank teller might take money on the job. Embezzlement also include theft of property, so if an employee keeps a work laptop or vehicle, that might be considered embezzlement.

A charge of embezzlement also requires four factors to be in place. The act has to be intentional. There has to be a relationship between the two parties in which one relies upon the other. That relationship must have been what led to the individual acquiring the money or property. The individual must have given the money or property to someone else or kept it.

Some people embezzle all at once while others do it over time. There are a number of schemes and methods for embezzling money such as fraudulent payroll or billing.

An individual who is accused of embezzlement may wish to consult a criminal defense attorney. Even a person who is simply questioned in such a case may want to seek legal advice during the investigation. People should not assume that because embezzlement is a white collar crime that there cannot be severe penalties. An attorney may be able to work out a strategy for defense. For example, people may be implicated when their boss or an employee with whom they worked closely is also charged with embezzlement. However, they may have had no knowledge of the embezzlement or not realized that what the co-worker was doing was misappropriating funds. Defense counsel might also attempt to enter an arrangement with the prosecutor that would involve a plea of guilty by the defendant to a lesser offense in exchange for a reduced penalty.

No Comments

Leave a comment
Comment Information
Watch Us On Screen

Arthur Aidala and Marianne Bertuna are familiar faces onscreen. But it is in the courtroom where their knowledge and their effective defense is most impressive.

They and associates Michael Jaccarino may be the difference for you when you are charged with a serious state or federal crime.

New York Office
546 5th Avenue, 6th Floor
New York, NY 10036

Toll Free: 800-410-4804
Phone: 917-200-0269
Fax: 212-750-8297
New York Law Office Map

Brooklyn Office
8118 13th Avenue
Brooklyn, NY 11228

Toll Free: 800-410-4804
Phone: 917-200-0269
Fax: 718-921-3292
Brooklyn Law Office Map