PHILADELPHIA EMBEZZLEMENT LAWYERS

Embezzlement is defined as the misappropriation of items with which a person has been entrusted. Embezzlement is a theft crime; specifically it is theft from your employer. It varies from traditional theft in that the perpetrator has possession of the property legally but claims rights of disposition, to that property, which were not granted and are illegal. Because embezzlement is theft, the charges and penalties for conviction, range from summary offences through felony offenses, dependant upon the value of the goods or services taken.

In order to prove the charge of embezzlement, a prosecutor must demonstrate that:

• The aggrieved party and the defendant maintained a fiduciary relationship.
• The fiduciary relationship between the parties is what allowed the property to come into the defendant’s possession.
• The defendant assumed rights to the property not granted to them and either took ownership of the property, or used these rights to transfer the property to another.
• The defendant assumption of rights and misappropriation of the property was deliberate.

A charge of embezzlement can result out of true misunderstandings of an employee’s responsibilities or negligence on an employee’s part that results in loss of money or goods to the company but falls short of being a deliberately intended theft. A conviction of embezzlement can be made even if the embezzler intended to return the property later.

Anyone who believes they are under investigation for embezzlement should contact Legal Philly as soon as possible, in order to protect themselves and preserve their rights.