North Carolina Criminal Law Defense Attorney
When a serious theft occurs within a business, it is usually charged as embezzlement. Typically, embezzlement charges come after a person is investigated for stealing company assets or intentionally depleting a trust or investment funds.
Disagreements between business partners or disputes between employers and employees can lead to actions that appear to involve criminal fraud or embezzlement, but in truth, do not.
At Roberts Law Group, PLLC, our Charlotte fraud and theft lawyers defend people accused of embezzlement. Contact our office online or at 800-511-7869 for a free, confidential consultation if you have been accused of misdemeanor theft, felony larceny or embezzlement.
Proving Embezzlement Or Larceny In North Carolina
Larceny by employee and embezzlement are very similar criminal charges. In fact, both larceny by an employee and embezzlement are Class H felonies in North Carolina unless the total amount involved is $100,000 or more, then both are a Class C felony. Both crimes involve taking the property of another or a business when you have been entrusted with it.
Embezzlement however, unlike larceny by employee, can be committed by "those who hold public office, fiduciaries such as executors or trustees, bailees and others entrusted with property," according to North Carolina case law. Examples of embezzlement include:
- Forging and cashing checks on a company account
- Taking cash for a transaction before it is properly logged in a business system
- Misappropriating funds of a non-profit or other organization for personal use
- Keeping a company's deposit for yourself rather than taking it to the bank
An embezzlement conviction in North Carolina state court can carry up to a 10 year prison term if the crime was a Class H felony or up to 50 years if a Class C felony; steep fines also accompany these prison sentences. The penalties for embezzlement charges brought in federal court are just as severe — especially if the alleged conversion of money involves public funds.
When Experience Counts, Count On Roberts Law Group, PLLC
At Roberts Law Group, PLLC, in Charlotte, our fouding attorney, Patrick Roberts is a graduate of the "White Collar Criminal Defense College" at Stetson University where he received advanced training on issues such as:
- Making presentations to the Government in the form of proffers.
- Navigating the ethical dilemmas a client may face such as retention of his or her clientele.
- The efficient manner in which to oversee the search of our client's records and related documentation.
- The parallel proceedings with professional organizations resulting from an allegation of committing a white collar crime.
- The most effective manner to represent not just large corporations but also the small corporation or individual.
- Effective trial preparation and jury selection.
- Conducting our own investigation, separate and apart from the respective government agency.
Our Charlotte white collar criminal defense attorneys offer a free consultation for anyone facing state or federal emebezzlement or felony larceny charges.
Obstruction of Justice Charges
It is not uncommon for people who find themselves under investigation to panic and hide files, destroy records or withhold information on the mistaken assumption that doing so will remove the suspicion. However, obscuring records or information often results in obstruction of justice charges — which can lead to additional fines and jail time.
If you are under investigation for embezzlement, larceny, felony larceny, grand larceny or felony theft, turning all relevant files over to your white collar crime defense attorney is in your best interests. Not only can it protect you against obstruction of justice charges, it also allows your attorney to legally challenge investigative overreach on the part of prosecutors.
Defending Against Embezzlement Charges
The state or federal prosecutor must prove that you intentionally took money or property from your employer or other trust account for your own use. In many cases, overzealous state and federal investigators may mistake a repeated accounting error or misplacement of funds as indicative of fraud. We look at all circumstances to challenge the prosecutor's version of events. We make sure to tell the whole story at trial.
Whether you are under investigation or have been indicted on federal charges of embezzlement or larceny, our Charlotte embezzlement attorneys have the experience and resources needed to help you. For a free consultation to discuss your defense options if you are facing white collar crime charges, contact Roberts Law Group, PLLC, online or at 800-511-7869.