A Comprehensive Guide to Chicago Embezzlement Attorneys
Embezzlement involves theft or misappropriation of funds placed in one’s trust or belonging to an employer or business. If you have been accused of or charged criminally with embezzlement, you need an experienced embezzlement attorney to representyou. If you have been contacted by an investigator for embezzlement, then early intervention by a mortgage fraud attorney can be the key to an early resolution to avoid criminal charges.
Many variables are attached to the complexity of embezzlement cases, such as the amount of money embezzled and the length of time the alleged embezzlement has been happening.
Often, the people accused of embezzlement are executives, employees, high-profile individuals, accountants, or executors of a trust. There may have been a misunderstanding or lack of evidence that lead to accusations or criminal charges. Hirsch Law Group is experienced in defending clients in 13 counties across Illinois, including Chicago, from embezzlement criminal charges.
The penalties of a conviction of embezzlement charges can be severe and stay with you for the rest of your life. Hirsch Law Group will fight hard for an acquittal. If an embezzlement conviction is inevitable based on evidence, then we will work to negotiate a reduced sentence.
Evidence in white-collar crimes usually includes electronic communications, emails, business documents, and computer files. You will need a top-rated embezzlement attorney that can analyze this evidence. We will use this data to poke holes and create doubt in the prosecution’s case.
Most people accused of embezzlement have their careers and reputations at stake. Hirsch Law Group will do its best to protect your career and good name so CEOs, doctors, lawyers, and accountants do not experience career-ending consequences. We are well versed in protecting professionals fight white collar criminal charges and accusations.
Embezzlement Criminal Defenses
You Mistakenly Believed That You Were The Property Owner
This defense hinges on the argument that you believed, in good faith, that you had a legitimate claim to the property in question. You may have thought the property was yours, or you were entitled to it. The critical element here is to demonstrate that there was no intent to embezzle or gain personally from this action.
You Are The Owner of The Property
In some cases, you may argue that you are, in fact, the rightful owner of the alleged property stolen. To support this claim, you must provide evidence or documentation showing your ownership or a legitimate claim to the property. This defense often arises in complex financial transactions or disputes over ownership.
You Have Been Falsely Accused
Being falsely accused of embezzlement is not uncommon. Such charges could stem from workplace politics, personal vendettas, or simple misunderstandings. In these cases, your law firm will provide an aggressive representation, aiming to create reasonable doubt about the validity of the accusations. They might also work to uncover any motive behind the false allegation.
You Obtained The Property By Accident
Accidentally obtaining property can happen, especially in workplaces dealing with large financial transactions. For instance, you may have inadvertently been in possession of the company or government property, which was later mistaken for embezzlement. In this case, your attorney can highlight the absence of intent for personal gain.
Constitutional Rights Have Been Violated
This defense is centered on the claim that your constitutional rights were violated during the investigation or trial process. This could include instances where evidence was obtained illegally or if you were not provided with appropriate legal representation. If proven, such violations can lead to the dismissal of the charges or a significantly reduced sentence.
Sentences if Convicted of Embezzlement
- Property valued at $500 or less – Class A misdemeanor – up to one year in jail and up to $2500 in fines.
- Property valued at $500 – $10,000 – Class 3 felony – 2-5 years in prison and up to $25,000 in fines.
- Property valued at $10,000 – $100,000 – Class 2 felony – 3 – 7 years in prison and up to $25,000 in fines.
- Property valued at $100,000 – $500,000 – Class 1 felony – 4 – 15 years in prison and up to $25,000 in fines.
- Property valued at $500,000 – $1,000,000 – Class X felony – 6 – 30 years in prison and up to $25,000 in fines.
Experienced Criminal Defense Attorney in Chicago
For criminal embezzlement charges to be filed instead of theft charges, the prosecution must prove that the accused has a fiduciary relationship between the alleged embezzler and the alleged victim. A fiduciary relationship is when a person holds a position of confidence, trust, or reliance with the principal person. Through
this position, a fiduciary relationship is developed between the two parties. When the person holding the position of trust benefits themselves at the expense of the principal person, the fiduciary relationship is breached.