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Some Facts About The Crime Of Embezzlement

It is common in both national new reports and local news reports in Iowa to hear of people accused of the crime of "embezzlement." Usually it involves a person taking money that they are not entitled to take. But, how does embezzlement differ from theft? Our readers should know some specifics about the crime of embezzlement.

Accusations of embezzlement are usually made in an employment, corporate or non-profit setting. This is because embezzlement is defined as the theft of assets by a person in a position of responsibility or trust over the assets. The assets in question could be money, property or both. Embezzlement is usually classified as a white collar crime.

Many employees, such as accountants, bookkeepers, store clerks and bank tellers, are granted access to money or property for legitimate business purposes. When these people are accused of misappropriating assets for their own personal use, they may face charges of embezzlement. Embezzlement can also occur with employees who are given access to property - such as computers or cars - for business purposes.

It can be shocking and confusing to be accused of embezzlement. It is important to remember that defenses exist to charges of embezzlement. First, it may be the case that the accused person never took possession of, or used, the assets at all. Another defense is that the assets in question were not acquired from the organization and thus the accused did not have a responsibility not to use the assets for unauthorized purposes. Yet another defense is that the accused did use the assets, but used them for legitimate business purposes within the permissible scope of the person's responsibility.

  • The Iowa State Bar Association
  • DUI Defense Law
  • NACDL
  • AAJ
  • Iowa Association of Justice

Keegan, Tindal, & Jaeger 

Put Over 50 Years of Combined Trial Experience On Your Side 
  • J. Dean Keegan
  • Eric D. Tindal
  • Andrea D. Jaeger
  • J. Dean Keegan J. Dean Keegan

    Owner

    Decades of Award-Winning Legal Service J. Dean Keegan was born and raised in Waterloo, Iowa. After high school, Dean served ...
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  • Eric D. Tindal Eric D. Tindal

    Attorney

    Highly Rated Criminal Defense in Iowa City Eric D. Tindal, attorney at Keegan, Tindal & Jaeger, graduated from the University ...
    Eric D. Tindal Photo
  • Andrea D. Jaeger Andrea D. Jaeger

    Attorney

    Experienced Criminal Defense in the Iowa and Illinois Quad Cities Andrea D. Jaeger practices in the areas of white collar ...
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  • Operating While Intoxicated Charges Dismissed

    Linn County OWCR133760. Attorney Eric Tindal's client was arrested for Operating While Intoxicated. Mr. Tindal had all charges dismissed following a successful suppression hearing regarding the grounds for the stop.

  • Possession with Intent to Deliver Marijuana and Methamphetamine Charges Dismissed

    Washington Count FECR5351. Attorney Tindal and Attorney Clemens Erdahl successfully argued that evidence of drug manufacture was obtained in violation of the Constitution. All charges were dismissed.

  • Possession with Intent to Distribute Charges Dismissed

    Iowa County FECR010358. Attorney Tindal was able to show the Court that his client was detained in violation of his Constitutional rights and that the K9 utilized in the search was unreliable. Following hearing all charges were dismissed.

  • Second Degree Sexual Abuse and Other Charges Acquittal at Trial

    Johnson County FECR089277. The Defendant was charged with Second Degree Sexual Abuse and other charges. Following a one-week trial by Mr. Tindal, the Defendant was acquitted of all charges.

  • Sexual Abuse in the 2nd Degree Conviction Reversed on Appeal

    Iowa Supreme Court No. 04-361. The Defendant was convicted of Sexual Abuse in the 2nd Degree. On appeal, Mr. Tindal successfully argued that the conviction was based on improperly admitted evidence. The conviction was reversed.

  • Trafficking Stolen Weapons and Misdemeanor Theft Charge Dismissed

    Scott County FECR384046. The Defendant was charged with Trafficking Stolen Weapons and Misdemeanor Theft. The Court dismissed the felony following a Motion litigated by Mr. Tindal. The Defendant subsequently pled to the remaining misdemeanor.

  • Vehicular Homicide Charges Reduced

    Johnson County FECR68296. The Defendant was charged with Vehicular Homicide. Following a suppression hearing, Mr. Tindal and his co-counsel were able to show that the blood test result was taken in violation of implied consent procedures. The case was subsequently resolved for a misdemeanor.

  • First Degree Murder and Child Endangerment Causing Death Acquitted of First Degree Murder at Trial

    Henry County FECR005634. Attorney Tindal’s client was charged with First Degree Murder and Child Endangerment Causing Death. Following a two week trial, the Defendant was acquitted of all charges.

  • Operating While Intoxicated Reduced to Public Intoxication

    Johnson County OWCR116811. The Defendant was charged with Operating While Intoxicated. Mr. Tindal was able to win the Iowa Dept of Transportation appeal and have the blood test result thrown out. The case was resolved for a public intoxication charge and no loss of license.

  • Operating While Intoxicated Second Offense Reduced to Public Intoxication

    Washington County OWIN010946. The Defendant was charged with Operating While Intoxicated Second Offense. Following long negotiations with the State the Defendant was able to plead to a Public Intoxication and have his driving privileges reinstated.

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