What happens in an embezzlement case?

Embezzlement is a white collar crime that occurs when a person steals assets, either money or property, while in a position of trust. That individual is supposed to take care of the assets, but instead, they use them for their own purposes.

Accounting embezzlement is one of the most common kinds. With this form of embezzlement, it’s necessary for the person to manipulate records to hide stolen funds. For instance, they might report a deposit of only $200 instead of $300 or change an interest rate to reflect the earnings in an account.

Does embezzlement require large amounts of stolen funds?

No. In reality, only some cases occur when a person steals large numbers of assets at once. Usually, the individuals take small amounts over time, which may be harder to track. They can include interesting techniques such as paying out paychecks to employees that don’t exist or billing people for services fraudulently.

How can the prosecution prove that embezzlement took place?

To begin an embezzlement case, they have to show that:

  • There was a fiduciary relationship between the two parties involved in the case.
  • The defendant obtained property and assets through this relationship.
  • The defendant took the property or gave it to another party.
  • The defendant intentionally defrauded the other party

If these four factors are present, then the prosecution can move forward with the case. Whether they’re able to obtain a conviction or not comes down to the type of defense you develop. A good defense could help eliminate one of the above factors, which could invalidate their case.