Texas Born And Raised. Ivy League Educated.

What is embezzlement, and how is it proven?

On Behalf of | Sep 14, 2023 | White Collar Crimes

Embezzlement is a financial deception that often flies under the radar until the damage is substantial. It’s the act of stealthily diverting funds, not by strangers, but by those who are responsible for handling them. It might be hard to fathom that someone in a position of trust could betray that confidence, but it happens more often than most realize.

This act is more than just a theft. It’s rooted in deception and a significant breach of trust. It is particularly insidious that the individuals committing embezzlement often have legal access to the funds but use them for unauthorized purposes.

Digging into the process of proving embezzlement

Crucial to any embezzlement case is proving the crime took place. It’s not about pointing fingers based on suspicion; there’s a need for concrete evidence. At the forefront of this is establishing a fiduciary relationship. This means the person accused was in a position where they were trusted to manage the money.

After that, it’s vital to demonstrate that the accused individual took possession of the funds through their position and used it for personal gain. This isn’t always about massive amounts being taken in one go. Sometimes, it’s a series of small amounts over time, which can cumulatively result in significant loss.

Some individuals funnel money into their own personal accounts or take cash. Others have a more sophisticated transfer system to try to thwart the ability to trace the embezzled funds.

Lastly, intent plays a significant role. It’s necessary to show that the person didn’t just mistakenly use the funds but did so with the deliberate intention of deceit.

Anyone who’s facing charges of embezzlement should ensure they understand their defense options. Determining what’s best for their circumstances is critical.