Sometimes, people in Pennsylvania are charged with monitoring or managing the assets of other people or groups as a part of their job responsibilities. If they improperly use those funds or property for their own personal gain, it may qualify as embezzlement. Improper use of funds can lead to a criminal charge, so it behooves people to understand what constitutes embezzlement.
In general, embezzlement occurs when someone who is entrusted with another’s property fraudulently steals all, or a portion, of those assets. According to the Legal Information Institute, the misappropriation of funds is the most common form of this white-collar crime. Common white-collar crimes include money laundering, embezzlement, and fraud.
The criminal penalties for these offenses in Pennsylvania can be severe, including significant prison time and fines. For example, a person’s finance manager is supposed to take assets out of a client’s account and invest them. Instead of investing the exact amount specified, the finance manager keeps a portion of the funds for himself or herself. This would constitute embezzlement, and not larceny because the finance manager was given access to the funds he or she misused.
The simple claim of theft by a person who had the right to possess the assets he or she allegedly stole is not enough to establish a charge of embezzlement. It must also be shown that certain other elements occurred. According to the U.S. Department of Justice, the other elements of embezzlement charges include the following:
- The accused came to possess or care for the alleged stolen property in the course of his or her employment.
- The property owner had a fiduciary or trust relationship with the alleged embezzler.
- The accused’s actions were intended to deny the property’s owner the use of the property.
- The alleged embezzler fraudulently converted or appropriated the property for his or her own personal use.
The misuse or theft of assets does not have to be permanent in order to qualify as embezzlement. As such, a person may be charged with this criminal offense even if he or she repays or intends to repay the funds taken.
Being convicted of embezzlement can carry severe consequences and may impact people’s future employment options and opportunities. As such, those facing such charges may benefit from obtaining legal representation. Working with an attorney may help them to understand their options, as well as establish a thorough criminal defense.
Understanding White Collar Crimes
White-collar crimes are non-violent financial crimes typically committed by business professionals or individuals in positions of trust. These crimes involve fraudulent activities, embezzlement, or dishonest schemes, often driven by financial gain. The consequences of white-collar crimes can be severe, including hefty fines, imprisonment, and significant damage to one’s reputation. Common examples of white-collar crimes include credit card fraud, embezzlement, and insurance fraud. Understanding the nature and impact of these crimes is crucial for anyone in a fiduciary role or position of trust.
Defining Embezzlement in Pennsylvania
Embezzlement is a specific type of white-collar crime that involves the misappropriation of assets or funds. In Pennsylvania, embezzlement is defined as the intentional and unauthorized taking or use of someone else’s property with the intent to deprive the owner of their property.
This can occur in various forms, such as the theft of money, inventory, or other supplies. Individuals accused of embezzlement face severe consequences, including fines, imprisonment, and significant damage to their reputation. Understanding the legal definition and potential penalties of embezzlement is essential for anyone handling others’ assets.
Consequences of an Embezzlement Conviction in Pennsylvania
A conviction for embezzlement in Pennsylvania can lead to severe consequences, including fines, imprisonment, and restitution. The severity of the offense and the amount of money or assets embezzled play a crucial role in determining the exact penalties. Individuals with previous white-collar crime convictions may face harsher penalties compared to first-time offenders. Beyond the legal ramifications, an embezzlement conviction can severely damage one’s reputation and career prospects. It is vital to understand these potential penalties and seek legal advice if facing embezzlement charges.
Statute of Limitations for White Collar Crimes
The statute of limitations for white-collar crimes in Pennsylvania varies depending on the specific offense. For instance, the statute of limitations for embezzlement is five years, while for identity theft, it extends to seven years. Understanding the statute of limitations is crucial as it impacts the ability to file charges or bring a case to trial. Being aware of these time limits can be essential for both the prosecution and defense in white-collar crime cases.
Defending Against Embezzlement Charges
Defending against embezzlement charges requires a robust defense strategy. A skilled criminal defense attorney can help challenge the evidence presented by the prosecution and build a strong defense.
This can involve scrutinizing the details of the case, questioning the intent, and presenting alternative explanations for the alleged actions. A strong defense can lead to reduced or dismissed charges and minimize the consequences of an embezzlement conviction. It is crucial to hire a lawyer familiar with white-collar crime cases to ensure the best possible outcome.
Why Rubin, Glickman, Steinberg & Gifford P.C. Is Your Trusted Partner for Embezzlement Defense
Being accused of embezzlement can be life-altering, with potential legal, professional, and personal consequences. At Rubin, Glickman, Steinberg & Gifford P.C., we bring over 65 years of experience helping clients across Pennsylvania navigate the complexities of white-collar crime allegations. Recognized by U.S. News & World Report and Pennsylvania Super Lawyers, we offer strategic and ethical representation to protect your rights and reputation.
Our attorneys are well-versed in defending against embezzlement charges, focusing on building tailored defense strategies to challenge evidence and mitigate penalties. Whether you’re facing accusations involving trust mismanagement or financial misappropriation, we are here to provide comprehensive legal support. Contact us at (215) 822-7575 or through our contact form to discuss your defense options.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
January 29, 2025
