Bronx Embezzlement Lawyer

Bronx Embezzlement Attorney

Embezzlement is a kind of theft, also called larceny, where a person misuses money, property, or other assets they have been entrusted to manage. It’s the violation of that duty and trust that differentiates embezzlement from other kinds of fraud. If you’re facing embezzlement charges, an experienced Bronx embezzlement lawyer can be critical to a successful outcome.

Criminal defense attorney Michael Vitaliano and the legal team at The Vitaliano Law Firm know Bronx Supreme Court judges and the kind of tactics the District Attorney’s Financial Frauds Bureau is likely to employ. Our top priority is devoting the time and attention to each client to tailor our defense strategy to their individual situation and give them a strong chance of beating the charges.

Embezzlement Charges

To prove embezzlement, the prosecution has to show that the person was in a position of trust, they used that position to obtain the assets, their actions were intentional, and they took ownership of the money, even if they gave it away, hid or destroyed it, or ended up giving it back. There are several types of positions that can give an individual both access to other people’s money and a duty of care, including:

• Accountants and bookkeepers
• Financial planners and advisors
• Officers and employees of businesses and nonprofit organizations
• Government officials and employees
• Insurance adjusters
• Caregivers or trustees of family members
• Bank tellers and managers

Recent Examples

The last few years have seen some big and high-profile embezzlement cases in the Bronx. Some examples are:

• Defendants were arrested in Point Lookout for embezzling $7 million over the course of years at an IT services company. The defendants allegedly falsified timesheets and billing and disguised personal experiences like hotels, a cruise, private car services, and more.
• Three defendants allegedly embezzled over $173,000 from Middle School 302 over four years. They were accused of filing fraudulent vendor invoices and falsifying purchase orders for custom clothing like T-shirts, shorts, and jackets and then approving the false orders to pocket the money.
• The chief executive of a tax preparation service in the Bronx was charged because of a scheme that used fabricated information to defraud the IRS out of $145 million. It was one of the largest frauds of its kind.
• A former Bronx postal employee admitted to stealing over $100,000 in trading cards and sports memorabilia. The employee took postal packages with valuable items and sold them to individuals and collectibles stores.

Charges and Penalties

In the Bronx, the main charge for embezzlement is larceny. The degree is generally determined by the value of the stolen assets, and penalties for conviction are usually higher for larger values and include repaying the amount taken.

• Petit larceny – Class A misdemeanor for values up to $1,000. Penalties: up to a year in jail, $1,000 fine
• Grand larceny in the fourth degree – Class E felony for values $1,000 – $3,000. Penalties: up to four years in prison
• Grand larceny in the third degree – Class D felony for values $3,000 – $50,000. Penalties: up to seven years in prison
• Grand larceny in the second degree – Class C felony for values $50,000 – $1 million. Penalties: up to fifteen years in prison
• Grand larceny in the first degree – Class B felony for values over $1 million. Penalties: mandatory minimum of one year, up to 25 years in prison

Additional charges often include falsifying business records or offering a false instrument for filing, both of which are Class E felonies with up to four years in prison. When the embezzlement happens in multiple states or involves a federal agency, federal charges can also apply.

Legal Strategies for Embezzlement Defense

Although each case is unique, a legal defense strategy against embezzlement allegations may focus on a few common elements, such as:

• Pointing out weaknesses and inconsistencies in the evidence, like missing financial records
• Permission, whether written or verbal, from the owner
• Intent, such as misunderstandings or mistakes
• Mitigating factors like paying the money back, financial hardship, mental health issues, or duress
• Contesting the amount stolen

FAQs

How Much Does an Embezzlement Attorney Cost?

The cost of hiring an attorney for an embezzlement case can vary greatly from one case to the next and depends on several factors. These include how complex the case is, the lawyer’s experience and geographical location, and whether the case can be settled out of court. Since an attorney charges based on the time they have to spend on a case, it can be more costly when the case has to go to trial.

What Is the Penalty for Embezzlement in New York?

The penalty for embezzlement in New York depends on the specific charge, as well as whether the defendant has previous embezzlement charges on their record. A first-time conviction may see more leniency, while subsequent offenses can receive harsher sentences. A skilled criminal defense attorney can tell you more about your specific situation and let you know what the potential penalties are in your case.

How Do You Win an Embezzlement Case?

You win an embezzlement case by having the charges dismissed, getting a not guilty verdict at trial, or negotiating a reduction in the charges and penalties, such as the charges being lessened to a misdemeanor with no jail time, which is also better in terms of the effect on your ability to get jobs, housing, and other benefits. Your defense attorney can tell you which outcomes are most likely based on the specific facts of your case.

Is Embezzlement Easy to Prove?

Whether embezzlement is easy to prove depends on the strength of the evidence in the case. The prosecution has to prove that the defendant is guilty beyond a reasonable doubt, which is a high burden of proof. Evidence may be bank records, witness statements, emails, texts, receipts, or falsified documents. An experienced attorney can build a strong defense by attacking gaps in the evidence, such as a lack of receipts or no proof of intent.

Aggressive Defense Is Crucial

Criminal defense attorney Michael Vitaliano at The Vitaliano Law Firm has extensive trial experience. Our legal team can assess your case, build a strong defense strategy, leverage weak evidence or offers of restitution to reduce or dismiss charges and represent you in court if necessary. Contact us today to schedule a consultation.