Miami Embezzlement Attorney

Defense for Federal Embezzlement Charges

Consulting with an attorney should be the first and foremost action an individual takes who is facing embezzlement charges. Embezzlement is a serious federal crime that may be punishable by up to 30 years in prison along with exorbitant fines, depending on what type of institution, agency or organization was targeted, as well as the value of property involved.

If you are accused of embezzlement, it is necessary to have a skilled Miami criminal defense lawyer on your side to defend your rights and protect your interests in the face of these complex charges.

What Is Embezzlement?

Embezzlement is a form of financial fraud that occurs when someone who is entrusted with assets or funds misappropriates them for personal use. Unlike theft, where the perpetrator typically does not have legal access to the property, embezzlement involves an individual who was initially given lawful possession or control over the money or property in question. This often occurs in employment or fiduciary relationships, where trust and access to assets are a key component of the role.

In many cases, embezzlement involves subtle and prolonged actions, such as altering financial records, diverting company funds, or creating false invoices. The accused party may be an employee, manager, trustee, or anyone in a position of responsibility over the assets of another. The funds or property embezzled can include cash, physical assets, or even intangible property such as intellectual rights.

Penalties for embezzlement vary depending on the amount stolen and the specific circumstances of the case. In Florida, embezzlement can be charged as either a misdemeanor or a felony, depending on the value of the assets misappropriated. Misdemeanor charges typically involve smaller sums and carry lighter penalties, such as fines and shorter jail time. However, embezzling large sums of money can result in felony charges with severe penalties, including lengthy prison sentences and significant restitution.

To successfully convict someone of embezzlement, the prosecution must prove several elements, including the existence of a fiduciary relationship, the defendant’s intent to defraud, and the unauthorized transfer or use of the assets. Legal defenses may include lack of intent, mistaken identity, or authorization to use the funds. An experienced attorney can evaluate the details of a case and build a robust defense strategy.

Embezzlement Charges & Penalties

• Embezzling, stealing, or misappropriating any money or item of value that is the property of the United States or any department/agency thereof is a federal crime. This offense also includes receiving or concealing property that has been embezzled or stolen from the United States.
• If convicted, a defendant may face up to 10 years in prison as well as serious fines, depending on the value of property or amount of money involved.
• Embezzlement by a bank employee, director or officer of or connected with any federally insured bank or similar financial institution is a federal crime punishable by up to 30 years in prison and/or by a fine of up to $1,000,000.
• Embezzlement or theft involving "any employee welfare benefit plan or employee pension benefit plan" is a federal offense punishable by up to 5 years in prison and a fine.
• Embezzlement or theft in connection with health care is punishable by up to 10 years in prison and a fine. (A defendant may face lesser penalties if the value of property involved is less than $1,000 or less than $100 for health care embezzlement.)

Contact a Miami Federal Lawyer for Your Case

Attorney Michael Mirer offers a free initial consultation to discuss your embezzlement charges. He is highly experienced and has a background as a former prosecutor, and he has the resources to fully investigate your charges and build an effective defense strategy on your behalf.

Contact us by calling (800) 798-0243 today for a free case evaluation regarding your embezzlement charges. We represent clients throughout South Florida and take calls 24 hours a day, 7 days a week.