When accused of embezzlement, gather financial records and consider hiring a defense attorney. Compile a list of witnesses and employees who accessed funds. Physical evidence such as bank statements and purchase orders can be useful. Witnesses can testify in defense, and a skilled attorney can devise strategies and plea deals. Penalties vary by region and can include restitution, prison sentences, and fines.
If accused of embezzlement, a suspect should gather all financial records relating to the case if possible. When the allegations involve a large sum of money that could result in serious consequences, it might be a good idea to hire a defense attorney who specializes in financial or white-collar crimes. He or she will likely advise the defendant to make a list of witnesses who could testify if the case goes to court. A competent attorney will typically advise the client not to comment on the case without her being present. Compiling a list of other employees who have accessed funds and property is another useful tactic.
The documents provide physical evidence of what happened to cast suspicion on a person accused of embezzlement. Copies of bank statements and deposit slips can show exactly when funds were deposited and deducted from bank accounts. Any other financial documents, such as bank statements and credit card receipts, could also be useful in creating a paper trail of the employer’s financial activity.
Other relevant documents could include purchase orders handled by the suspect or other employees and documents giving the defendant authorization to spend the employer’s money. This evidence could also show that the transactions were made by someone other than the person accused of embezzlement. Any written evidence showing that other employees had access to money or property, or documents that could explain discrepancies in account balances, should also be retained.
The evidence against someone accused of embezzlement can be circumstantial or physical evidence. Embezzlement is defined as using someone else’s funds or property for personal gain. It represents a breach of trust given to a person to manage the assets of a company or individual and includes access to credit cards. Misuse of a relative’s money or property can also be referred to as embezzlement.
When a person is accused of embezzlement, it is often helpful to call witnesses who can testify in their defense. These witnesses could be people familiar with the financial flaws of an employer’s accounting system, and their testimony could benefit the defendant. Other witnesses could attest to the defendant’s character and honesty. Former supervisors, religious leaders, and other prominent public figures are sometimes good witnesses.
A skilled defense attorney can work with a person accused of embezzlement to devise defense strategies. The attorney may also be able to work out a plea deal that reduces the charges to misdemeanors. In most regions, mental health problems, stress, or drug or alcohol addiction are not valid defenses against embezzlement. A qualified attorney typically explores potential defenses and explains options to the suspect.
Penalties for embezzlement vary by region, but commonly include restitution to the victim. Penalties are usually based on the amount of money or property taken without authorization. Prison sentences and fines could be imposed for crimes committed over a long period of time and involving large sums. In some areas, penalties are increased if the victim was elderly or mentally disabled, or if public funds were misappropriated.
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