Embezzlement

Embezzlement crimes fall under the umbrella of property theft. Embezzlement occurs when someone who is entrusted to manage or monitor someone else’s money or property steals money or property for his or her own personal gain. A main component of embezzlement includes the defendant having legal access to another’s money or property—but not legal ownership of it. When combined with the fact that the theft was committed by someone in a special position of trust, you get the crime of embezzlement, which is a very serious criminal charge.

Lawyers for Embezzlement Crimes in Salt Lake City

If you have been charged with a theft crime such as embezzlement in Salt Lake City, Utah, or the surrounding areas, consult an experienced criminal defense attorney today. The expert lawyers at Brown, Bradshaw & Moffat, LLP, are ready to defend your case. Call us at (801) 532-5297 for a free, no-obligation consultation.

Additional Information about Embezzlement

• Embezzlement Penalties in Utah
• Embezzlement Aggravating Factors
• Types of Embezzlement Charges

Embezzlement Penalties in Utah

Most states, including Utah, punish embezzlement based on the value or type of property stolen. Under Utah code 76-6-405, embezzlement is technically classified as theft by deception and punished as follows:

• Money or property worth less than $500 is classified as a class B misdemeanor, punishable by a fine of up to $1,000 and up to six months in jail.

• $500 or more, but less than $1,500 is classified as a class A misdemeanor, punishable by a fine of up to $2,500 and up to one year in jail.
• $1,500 or more, but less than $5,000 is classified as a third-degree felony, punishable by a fine of up to $5,000 and up to five years in prison.
• $5,000 or more is classified as a second-degree felony, punishable by a fine of up to $10,000 and one to 15 years in prison.

Utah may also require that those convicted of embezzlement pay restitution to their victims for the monetary value of the property embezzled.

Embezzlement Aggravating Factors

When a charge is aggravated, it carries harsher penalties. Embezzlement charges become aggravated when a defendant embezzles from a specially protected class of victims, such as the elderly or disabled adults. When a victim has a heightened level of trust with the offender, a charge can be aggravated as well. Common examples of individuals who yield a heightened level of trust include a defendant who is a public servant, an insurance company employee, or a bank employee.

Types of Embezzlement Charges

Embezzlement typically involves the defendant's control of cash, credit, or negotiable instruments such as checks and promissory notes. A few examples of how these crimes are committed include the following:

• Cash - this frequently occurs in businesses with employees who regularly handle large amounts of cash and involves workers pocketing money that was intended to go to the establishment without recording a sale so there is no discrepancy. This can also involve the misappropriation of a company’s “petty cash” funds.
  
  
• Account management - alleged offenders may falsify bank statements, balance sheets, or payments to vendors, consultants, repair companies, or other entities to disguise funds that have actually been drawn for personal use.
  
  
• Payroll - people employed as managers or other positions of power at larger businesses may have friends or relatives draw checks from the company even though they are not actual employees.
  
  
• Lapping - an alleged offender who is responsible for accepting regular payments from multiple entities misallocates the actual amounts to disguise funds they have diverted for his or her own personal use.
  
  
• Other company property - alleged offenders may misappropriate funds or simply take property such as computers, office equipment, or vehicles.

Many alleged offenders believe that they lacked criminal intent because they had the intention to pay back or return stolen assets to their rightful owner. Embezzlement occurs most often in the following industries:

• charitable organizations
• banks and financial institutions
• homeowner associations
• construction
• manufacturing
• government
• healthcare
• nonprofits
• religious organizations
• bars, restaurants, and hospitality establishments

Attorneys for Embezzlement Criminal Defense in Salt Lake City

If you or a loved one was recently arrested or believe you are under investigation for embezzling some kind of assets, securing legal representation will give you the best chance at a favorable outcome. The criminal defense attorneys at Brown, Bradshaw & Moffat will take the time to investigate all the details of your embezzlement charges and aggressively defend your rights.

We pride ourselves on protecting the rights of all clients facing criminal accusations throughout Utah. Contact us at (801) 532-5297 to get started on your defense today.