Embezzlement Lawyer
for a free initial consultation.
Although embezzlement is generally considered a “white collar crime”, most people have an opportunity to embezzle at some point or another, regardless of the nature of their profession. In Houston, the penalties for embezzlement are usually based on Texas state law. Although penalties vary widely according the facts of each particular case, embezzling large sums of money carries potentially draconian penalties. Distressingly, false allegations of embezzlement are not uncommon. It is also not uncommon for a guilty defendant to face a wildly disproportionate sentence due to exaggeration of the amount embezzled.
What is Embezzlement?
- The defendant was in a fiduciary relationship with the victim– that is, he had access to the victim’s money or property in a position of trust. A corporate financial officer is a prime example of a fiduciary; so is a company employee.
- The defendant used deception to divert money or property from the victim for personal gain.
- The defendant had criminal intent (the diversion was not accidental, for example)
Red Flags
- Failing to report large cash transactions
- Diverting funds from a company account to your own account, or to an account of unknown origin
- Structuring financial transactions to conceal their actual value
- Co-mingling personal and company funds
Penalties
Aggravating Factors
- Embezzling form a senior citizen
- Embezzling form a non-profit organization
- Embezzling as a public servant
- Embezzling as a government contractor
Defenses
- You were the victim of identity theft and the guilty party is someone else
- Flawed company accounting practices are to blame, and no embezzlement actually occurred
Getting Help
Prosecutions for Internet fraud are fraught with peril. If your case is complex, the prosecution is likely to employ expert witnesses that you will have to either discredit or refute. Attempting to represent yourself or hiring the wrong attorney could turn a false accusation into a false conviction. Houston criminal lawyer Mario Madrid is a Board Certified Texas Board of Legal Specialization in Criminal Law with the courage and experience to aggressively confront the criminal justice system on behalf of the falsely accused. If you have been accused of a computer crime, call Mario Madrid an expert embezzlement lawyer at Madrid Law, PLLC at 713-877-9400
for a free initial consultation.