Embezzlement

In Massachusetts, an embezzlement charge under M.G.L. c. 266 s. 30 is a felony which carries up to 5 years in state prison, and a $25,000 fine. It is usually referred to as a “white collar crime” and falls under the criminal statutes dealing with larceny. Embezzlement is essentially misappropriation or misuse of funds or properties entrusted to a person legally, done with an intention to deprive the owner of its rightful ownership.

In order to be accused of embezzlement, the accused must have had legal access to the funds or assets in question, there must be an actual conversion or diversion of the funds for personal use, and the accused must have intended to deprive the owner of the property permanently. While the stakes can be high in embezzlement cases with serious potential penalties, our law firm, with a history steeped in successfully defending people accused of such crimes, stands ready to provide vigorous legal representation.

Penalties for Embezzlement

Embezzlement is a serious breach of trust, treated stringently under Massachusetts law. It is considered a white-collar crime consisting of deceit, manipulation, and complex schemes often involving large sums of money or assets.

For embezzlement involving property that exceeds $250 in value, the potential penalties can include imprisonment up to five years in state prison or up to two years in jail, along with a fine up to $25,000. Alternatively, when the property involved is less than $250 in value, sentences may include imprisonment for up to one year and a fine up to $300. Enhanced penalties can occur when factors such as previous convictions, embezzlement of public funds, or embezzlement from senior citizens or disabled individuals are involved.

Examples of Embezzlement

While there are infinite factual situations for which an embezzlement charge can arise, we’ve provided some of the common examples.

Imagining a hypothetical scenario, consider someone employed in the finance department of an established corporation. This individual might be responsible for handling transactions and managing company funds, becoming an essential figure trusted with substantial financial oversight. The role’s scope could theoretically enable the individual to funnel some of the company’s funds into their personal accounts without immediate detection.

Consider another scenario: a non-profit organization manager given discretion over funds may start diverting donations for personal use. Faced with an embezzlement charge, such a client could count on our law firm to dissect their situation thoroughly. Our attorneys, possessing a thorough competence in handling intricate embezzlement cases, probe deep to find the case’s heart, ensuring clients get the robust defense they so crucially need during such challenging times.

Offenses Related to Embezzlement

Embezzlement is a white-collar crime involving the misappropriation of funds placed in one’s trust. Embezzlement may be charged in addition to other numerous other property crimes, such as:

• Larceny: This crime involves the illegal taking and carrying away of someone else’s property with the intent to permanently deprive the owner of its possession. Whether it’s petty or grand larceny is dependent on the value of the stolen goods.
• Breaking and Entering: This refers to the act of illegally entering a private property with the intent of committing a crime, most often theft.
• Forgery: This crime involves the alteration, creation, or use of a false document with the intent to defraud or deceive. It can range from forging a signature on a check to creating counterfeit money.

While our law firm navigates the intricacies of these crimes, we prioritize the representation of defendants in embezzlement cases. Our seasoned team of attorneys provides vigorous representation to those accused of these misdeeds, fighting tirelessly in defense of their rights and working towards favorable outcomes.

Defenses to Embezzlement

Here are some potential defenses against embezzlement charges under Massachusetts law:

• Lack of Intent: Embezzlement involves intentionally deceiving or manipulating funds for personal gains. If it can be proven that the defendant did not knowingly engage in such acts, this could be a viable defense.
• Consent: If the defendant had the permission of the owner to use the funds or property, this can be effectively utilized as a defense. Documentation proving this consent is crucial though, as it needs to be shown that the accused acted in good faith.
• Claim of Right: This defense asserts that the defendant believed they had a rightful claim to the property or funds. This belief must have been reasonable under the circumstances.
• Insufficient Evidence: If the prosecution lacks concrete evidence or if some evidence is hearsay, it becomes challenging to establish guilt beyond a reasonable doubt.

Our experienced attorneys know how to navigate these complex scenarios and build strong defenses for our clients. While each situation is unique, our team puts in the effort to understand your situation thoroughly, providing robust representation tailored to your specific needs.

If you have been charged with embezzlement in Massachusetts, contact Urbelis Law as soon as possible. (617) 830- 2188.