Miami Embezzlement Lawyer

Attorney for Charges of Embezzlement and Employee Theft in Miami, FL

When people in positions of trust allegedly steal or misappropriate funds or property entrusted to their care, they could face charges of embezzlement. These accusations can destroy careers, damage reputations, and result in substantial prison sentences along with orders to repay funds that were allegedly stolen. Embezzlement cases often involve complex financial records and business transactions and situations where defendants believed they had authorization to use funds or property. The line between legitimate business expenses and criminal embezzlement can be unclear, particularly in cases involving business owners, managers, or employees.

At Stroleny Law: Criminal Defense Attorney, we provide representation for people who have been charged with embezzlement in Miami. Our attorney understands the complex financial issues that may play a role in these cases. He can work with forensic accountants to analyze financial records and present explanations for transactions. With his understanding of business disputes, accounting disagreements, or misunderstandings about authority to use company resources, he can help clients resolve these cases successfully.

What Is Embezzlement?

Embezzlement involves the fraudulent appropriation of property by a person to whom it has been entrusted. A person could face charges of embezzlement if they lawfully possessed or controlled property and are accused of keeping or misusing the property in violation of their duty to the owner.

Florida law addresses embezzlement primarily through theft statutes. Under Florida Statutes § 812.014, theft may involve obtaining or using someone else's property with the intent to deprive the owner of the property or its benefits. The key element distinguishing embezzlement from other forms of theft is the lawful possession of property. Employees who have access to company funds, bookkeepers who manage accounts, financial advisors who control client investments, and trustees who oversee estate assets may have lawful possession of property, and they could be charged with embezzlement based on their misuse of these assets.

Examples of Embezzlement

Many embezzlement cases involve employees and employers. Bookkeepers or accountants who have access to company accounts may be accused of writing unauthorized checks to themselves, creating fictitious vendors and submitting false invoices for payment, or manipulating accounting records to conceal theft. Employees with corporate credit cards or access to company accounts may be accused of making personal purchases using company funds or falsifying expense reports.

Retail employees with access to cash registers may be accused of pocketing money from sales, manipulating transactions to hide theft, or providing unauthorized discounts to friends and family. Managers may be accused of approving fraudulent refunds and keeping the money, or they may be charged with stealing merchandise and altering inventory records.

Financial professionals such as investment advisors, insurance agents, and real estate brokers may face embezzlement charges when client funds are allegedly misappropriated. Advisors who are charged with using client money for personal expenses, failing to invest funds as directed, or diverting funds to unauthorized investments may face prosecution.

In nonprofit organizations and charitable institutions, employees or officers may be accused of misusing donated funds. People in positions of trust at nonprofits may be charged with paying themselves excessive salaries, making unauthorized personal expenditures, or using funds for purposes other than the stated charitable mission.

Embezzlement charges may affect family businesses. When family members work together, and informal arrangements are made regarding compensation and expense reimbursement, disputes about whether funds were misappropriated can escalate to criminal charges. One family member may claim that another stole from the business, while the accused person may state that they had authorization or that the funds represented legitimate compensation.

Estate and trust embezzlement charges may arise when executors, trustees, or other fiduciaries are accused of misusing funds they are charged with managing. These cases may involve people in positions of significant trust who allegedly violated their duties by using estate or trust assets for their own personal benefit.

Criminal Penalties for Embezzlement

The penalties for embezzlement in Florida will depend on the value of the property that was allegedly stolen. Under Florida's theft statute, the theft of property valued at less than $750 is petit theft, and it may be charged as either a second-degree misdemeanor (less than $100) or first-degree misdemeanor ($100 to $750).

Grand theft charges may apply when the value of property that was allegedly stolen exceeds $750. Third-degree grand theft ($750 to $20,000) is a third-degree felony punishable by up to five years in prison. Second-degree grand theft ($20,000 to $100,000) is a second-degree felony carrying up to 15 years. First-degree grand theft (over $100,000) is a first-degree felony punishable by up to 30 years in prison.

Restitution may be ordered in embezzlement cases. Courts may order defendants to repay all stolen funds, and these obligations can amount to hundreds of thousands or even millions of dollars. Restitution orders may remain in place long after criminal sentences are completed.

The professional consequences of embezzlement convictions may include the loss of a professional license, termination from employment, and an inability to work in positions involving financial responsibility. Accountants, financial advisors, and others in licensed professions may face disciplinary proceedings, and they may no longer be able to maintain employment in these fields.

Trade Secret Theft

Embezzlement cases sometimes involve allegations of stealing trade secrets or proprietary business information. Trade secrets may include formulas, programs, techniques, processes, customer lists, business strategies, or proprietary software. A person could be accused of misappropriation of trade secrets if they use or disclose the information without authorization. Employees may be accused of taking customer lists when leaving employment, copying proprietary documents, or sharing confidential information with competitors.

Under Florida Statutes § 812.081, the theft of trade secrets is generally charged as a third-degree felony. Trafficking in trade secrets, which involves selling or disclosing trade secrets that were known to be obtained or used without authorization, is a second-degree felony.

Defense Strategies in Embezzlement Cases

Our lawyer may take steps to show that a person had authorization to use funds or property. He can present evidence showing that our client had permission to use company resources, that their compensation arrangements authorized payments they received, or that business owners approved the expenditures.

In cases involving family businesses or informal employment arrangements, our attorney can demonstrate that loose financial practices and a lack of clear policies led to confusion about what was permitted. When multiple people had access to accounts, or a family business had informal understandings regarding compensation, he can help show that there was no criminal intent.

Our attorney may also demonstrate that there was no intent to permanently deprive the owner of money or property. He can show that a client intended to repay funds, believed funds represented legitimate compensation or reimbursement, or made accounting errors without fraudulent intent.

Other defense strategies may include challenging the valuation of allegedly stolen property, which could reduce the severity of embezzlement charges. Companies may inflate the value of missing property, or they may fail to account for legitimate business expenses when calculating losses. Our lawyer may also take steps to show that accounting discrepancies resulted from errors rather than theft. Bookkeeping mistakes or software glitches may have led to the appearance of theft when no criminal conduct occurred.

Contact Our Miami, Florida Embezzlement Attorney

Embezzlement charges could destroy your professional reputation and result in serious criminal penalties. When addressing accusations of embezzlement, legal representation from a skilled and experienced attorney is crucial. Contact our Miami embezzlement defense lawyer by calling 305-615-1285 and setting up a free consultation.