Because it is a white-collar crime, many people do not think embezzlement is as serious as it really is. However, the state treats embezzlement as a grave offense, and, as an experienced theft attorney could explain in more detail, you could be facing prison time and significant fines if you are charged.
To be guilty of embezzlement, you must have been in a position of trust, such as an employee or volunteer. Otherwise, the offense will fall under another theft category. Christopher L. Jones, a Pickens County embezzlement lawyer, could help you understand the charges against you and explain potential defenses.
Understanding Embezzlement
South Carolina Code § 16-13-210 describes embezzlement. Under the statute, it is unlawful for any person entrusted with the safekeeping, transfer, and disbursement of public funds to embezzle them. Because the statute uses the word embezzle in the definition, it may seem like it could be challenging to determine what counts as embezzlement. Generally, if you are entrusted with any public funds, any behavior that could be seen as mistreating or misappropriating those funds might be viewed as embezzling.
While the statute specifically refers to public funds, embezzlement is not limited to public funds or public officials. Embezzlement refers to any theft of property or money entrusted to you by another in an official capacity. While a friend could trust you with money to hold for them, taking that money would not be embezzlement. However, if that same friend employs you and trusts you to handle their money, taking that money could be embezzlement.
To hold you responsible for embezzlement, the state must establish that you were responsible for its safekeeping, transfer, payment, or spending. A Pickens County embezzlement attorney could assess your case and let you know if your position supports embezzlement charges.
Elements of Embezzling
Embezzling has multiple elements that make it more than a simple theft. The prosecution must establish four things to convict you of embezzlement.
Illegally Moving Money or Property
The prosecution must show that you illegally moved money or property. If you are following instructions and doing your duty in terms of property management, you are not criminally responsible for losses. Instead, you have to manipulate or move the resources in a way that falls outside of your employment duties. For example, you could make yourself a payee on a business account, take cash from a register or safe, or walk off with office supplies.
Trust Was Formed
They have to show that the property owner trusted you with the money or property. If a customer comes into a business and walks off with property, it is considered shoplifting or another form of theft. If an employee does it, it is embezzlement.
Access to Money or Property
The prosecution must show that you were given access to the money or property. The nature of your employment or volunteer position can also impact whether embezzling is an appropriate charge.
Intent
It must be shown that you intended to deprive the owner of the resources permanently. This element can be a little tricky. When many people begin embezzling money, they think of themselves as borrowing it. It often snowballs from there. The original intent may not have been to deprive the owner of the money or the property permanently. Depending on the circumstances, a Pickens County lawyer may focus on challenging the permanent element to try to defeat your embezzlement charges.
If a prosecutor determines it cannot prove all four elements, it does not necessarily mean that it will dismiss the charges. Instead, they may charge you with a different crime. Some potential other charges include forgery, fraud, larceny, false pretenses, or cheats.
Talk to a Pickens County Lawyer To Understand Your Options When Charged With Embezzlement
Embezzlement is a tricky charge because you may face it over simple accounting errors or other mistakes. It may take a forensic accountant or other experts to help establish your defense. Pickens County embezzlement lawyer Christopher L. Jones could help you each step of the way.
He may also be able to explore other avenues to challenge the allegations against you. Schedule a case review to learn more.
