Embezzlement Attorney in the Triangle
When investigating embezzlement, investigators often review and audit the financial transactions and records of a suspect in order to identify unexplained sources of income or suspicious financial activity. Since embezzlement involves the theft of company funds through fraud, diversion of assets, or the misuse of company monies, forensic accountants are used to meticulously review a suspect’s financial activity and tax returns. Even if discrepancies are found, this does not necessarily make someone guilty of embezzlement. At the Law Offices of Barry T. Winston, we counsel and defend clients under investigation for and accused of embezzlement. If involved during the early stages of an investigation, we can assist you in responding to questions from investigators to ensure you avoid additional charges on obstruction of justice.
Regardless of whether you’re under investigation or have already been arrested, contact criminal defense attorney Barry T. Winston today to schedule a confidential consultation to discuss your case.
Determining Whether a Theft Actually Occurred
When wage and commission disputes arise between owners of a business, sales reps, or business partners, money may be drawn on company accounts without going through the proper channels. Consequently, what is really a disagreement over who should get paid and how much may look like embezzlement to investigators — and to prosecutors eager to crack down on fraud. Generally, the prosecution must prove the following in order to convict someone of embezzlement:
- The defendant stole money in his or her capacity as an employee at a business or company
- The defendant had a fiduciary responsibility to the company or business he or she stole from
- The defendant stole money or assets through financial manipulation or fraud
- The defendant acted in a knowing and intentional manner to embezzle for his or her employer
Embezzlement, Conspiracy Charges and Plea Bargains
As with other white collar crimes, embezzlement rarely happens without the knowledge or assistance of other people. As a result, prosecutors often introduce a charge of conspiracy which allows them to widen the scope of an investigation through suspension of the hearsay rules. Once a charge of conspiracy is introduced, statements made outside the courtroom that would typically be excluded can be used as evidence against the accused.
Prosecutors may offer other suspects plea bargains in exchange for testimony against you. Even if what is alleged is hearsay, it may be enough to convict you. As your attorney, Barry T. Winston works with you and prosecutors when a plea bargain makes the most sense. Since others will be talking to prosecutors and may blame you for crimes you did not commit, pleading guilty to a lesser charge or reduced sentence may be the best option available to you.
Contact Criminal Defense Attorney Barry T. Winston Today
It’s not always easy to prove intent in embezzlement and fraud cases, even when there is clear evidence money was taken. Before you talk to investigators or prosecutors, contact criminal defense attorney Barry T. Winston today to learn how we can help you.