Aggressive, Skillful and Experienced Defense

Understanding embezzlement and its elements

White-collar crimes are sometimes looked at as lesser crimes, as they occur in a setting such as a workplace. While these crimes are different from crimes such as drug trafficking and murder, white-collar crimes can result in felony charges that carry with them serious penalties. Thus, like any criminal charge, white-collars crimes should be treated seriously, and defendants should act upon them by asserting a strong defense.

Embezzlement is a crime that frequently occurs in either employment or corporate settings. Accounting embezzlement is a common form of this crime, and involves the manipulation of accounting records as a means to hide the theft of funds. In these matters, the accused offender was given lawful possession of the money or property in question, converting it to their personal property.

As a means to manage, monitor or use the assets of a owner in the owner's best interests, employees are entrusted to access and to some degree control them. However, when an individual misappropriates the assets for his or her own personal gain, this could be considered embezzlement.

However, in order for an individual to be charged with embezzlement, four elements must be met. First, a fiduciary relationship between the accused and the owner of the property must exist. Next, the accused must have acquired the property through this relationship. Third, the accused must have taken ownership of the property or transferred it to someone else. Finally, the defendant's actions must have been intentional.

Those accused of embezzlement should treat the charges as serious while taking a serious approach to a criminal defense. Whether that means proving that one or more of the necessary elements do not exist or asserting another defense, this could help the accused avoid harsh consequences by reducing or dismissing the charges against them.

Source: Findlaw.com, "Embezzlement," accessed August 20, 2017

No Comments

Leave a comment
Comment Information

contact us FOR a Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

IOWA Association for justice IOWA state bar association NACDL 1958 national association of criminal defense lawyers american association for justice board certified specialist DUI defense law the iowa state bar association

Notable Case Work

Attorney Thomas Farnsworth's client was arrested for multiple charges after being pulled over for an OWI 3rd offense. Mr. Farnsworth ....

Read More

faq

Should I take a breath test?
The most common question asked of criminal defense lawyers who work on Operating While Intoxicated (OWI) or Driving While...

Can I get a work permit or temporary restricted license in Iowa after losing my driving privileges for an OWI?
For a first offense, yes. The revocation is this instance is 180 days for an OWI test failure and one year for an OWI test refusal...

Read More

Get In Touch

J. Dean Keegan and Thomas D. Farnsworth, Attorneys at Law
425 2nd Street South East
Cedar Rapids, IA 52406

Cedar Rapids Criminal Law Office

J. Dean Keegan and Thomas D. Farnsworth, Attorneys at Law
103 East College Street
Iowa City, IA 52240

Iowa City Criminal Law Office

J Dean Keegan Thomas DS Farnsworth Keegan Legal

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.