Embezzlement is the act of wrongfully appropriating funds or property that has been entrusted to a person but is owned by someone else. A New York Embezzlement Lawyer will explain to you that while Embezzlement is a form of theft, it differs from Petit Larceny or Grand Larceny. If the District Attorney in New York City, in Nassau County, Suffolk County, or Westchester County determines that Embezzlement has occurred, the penalties can be severe.

A basic definition of Embezzlement is that it is the fraudulent conversion of property by someone who is in lawful possession of that property. In other words, when a person who has been given responsibility for someone else's property takes that property, it is Embezzlement. It involves taking something that does not belong to you, although you had the right to use or access the goods in question. This is called "fraudulent conversion" and it is central to a charge of Embezzlement. Conversion means using or taking ownership of property entrusted to you for your own purposes or benefit, and in a way that you know was not intended or authorized.

To prove a case of Embezzlement, the District Attorney in New York City, in Westchester, or on Long Island must establish four facts: (1) the property in question must belong to someone other than the accused person; (2) the property must have been converted after the person had lawful possession of it; (3) the accused person must have been in a trusted position, with legal access to or possession of the property; and (4) that person must have intentionally defrauded the owner of the property.

It is not surprising that Embezzlement is most commonly committed by an employee. However, other individuals in a fiduciary relationship—a relationship in which one party has been given access to and control of another's business, assets, or other interests—can also be charged with embezzlement. The Office of the District Attorney will potentially look for evidence of records that have been altered, or other types of White Collar Crimes intended to hide the embezzlement. Accounting embezzlement, for example, is the manipulation of accounting records to hide theft of funds. That's why its important to have a seasoned and knowledge New York Embezzlement Lawyer.

Every Embezzlement Lawyers in our office would advise you that the penalty for Embezzlement will depend upon the amount stolen and may include a fine, restitution, and/or a prison sentence. However, a matter can sometimes be resolved by negotiating with an employer, so if you are charged with Embezzlement it is critical to have at your side an experienced New York Embezzlement Lawyer. Stephen Bilkis & Associates has skilled Embezzlement Defense Lawyers available to offer you a consultation for free. Contact us by calling 1-800-NY-NY-LAW (1800 696 9529) meet with us at any of locations including Manhattan, Brooklyn, The Bronx, Staten Island, Queens, Westchester, and on Long Island in both Nassau County and Suffolk County.