Embezzlement: Discovery, Punishment, and Options
While embezzlement means practically the same thing in all states, each state has its way of punishing offenders. In Maryland, the law guiding embezzlement is different from that guiding common theft. That is because, in embezzlement, the person is typically entrusted with access to the assets, which can be money or property.
Furthermore, these cases tend to come with serious criminal charges, including jail time and restitution. This article provides a guide to help you understand embezzlement charges in Maryland and what to do if you are facing one.
Embezzlement: Definition
Embezzlement is a class of fraud where someone entrusted with money or property uses it for their own benefit. In simple terms, it is a type of fraud committed by someone placed in a position of trust over a property or money.
More so, embezzlement is more commonly seen in professional and business positions where workers have to handle valuable assets. Embezzlement can mean anything, from misappropriation of funds to borrowing the money with the intention of giving it back. Whether or not you keep the money or spend it, provided it does not belong to you, it is considered as embezzlement.
How Embezzlement Is Discovered
It can be quite hard to identify embezzlement, particularly when committed by skilled professionals. That is because such individuals typically have had years of experience covering up their tracks. More so, such skilled individuals can cover up embezzlement for years by simply altering records.
In most cases, embezzlement involves taking money bit by bit over a long period of time. As such, no one notices the loss, and the company may not find out until years later. Accounting and audits are usually tasked with identifying embezzlement.
It starts with an internal investigation once the company discovers that some funds are missing. Then, they could get law enforcement to investigate the issue and prosecute whoever is found guilty of a criminal offense.
The Punishment for Embezzlement
The penalty for embezzlement depends on the state the crime was committed and the gravity of the offense. Also, the punishment meted out to the offender may depend on the value of the property or the amount of money involved. For instance, if it involves large amounts of money or property, that is a felony, and punishments include jail time, fines, and restitution.
On the other hand, embezzlement can be a misdemeanor if it involves small theft of money for personal gain. In such cases, the penalties can include jail time of up to a year, fines, and restitution of stolen money.
Meanwhile, the penalty for embezzlement can become aggravated by a few factors. For instance, the offender may face higher penalties if they work for a government agency, bank, or insurance company. Also, the penalties go up higher if the offender stole from a disabled or elderly person.
How to Handle Embezzlement Charges
If you are facing an embezzlement charge in Maryland, the first thing you should do is contact an experienced criminal defense attorney. An embezzlement case is a complex one and will require the expertise of a criminal defense attorney for a favorable outcome. Your lawyer can guide you through the case, help you understand the potential penalties, and represent you in investigations and interviews.
Conclusion
“If you are involved in an embezzlement charge in Maryland, you may have doubts about talking to anyone, including your lawyer. Do not worry; you are protected under the attorney-client privilege, so your communication with your lawyer is safe,” says embezzlement lawyer Rammy Barbari. Nevertheless, do not hesitate to ask your legal counsel about your confidentiality protections, among other things.
