Think You’re Just Borrowing Money from Your Employer? This May Be Embezzlement.
Each day, living gets more and more expensive. You go to work day in and day out and before you can get your paycheck, it already belongs to a source other than you – the bills. This leaves you thinking, “If only I could get my hands on some money to get through the tough times my life will be much better.” So, you decide to borrow some money from your job here and there and put it back. Then, you are under investigation for embezzlement.
If you’re under investigation for embezzlement in Las Vegas, contact a Las Vegas embezzlement lawyer to enforce your rights and get the best defense possible.
What is Embezzlement?
Embezzlement is a form of fraud where a person takes property for his or her own personal use. This type of crime falls under the umbrella of white collar crimes. White collar crimes are business or financial related, instead of violence. These types of crimes usually involve people who are in positions of trust.
But I Borrowed the Money and Put it Back. How Can I Get an Embezzlement Charge?
When you’re in an occupation where you handle finances, often times you are the one with access to your employer’s money. For example, you may be a cashier at a store, an accountant, or even an automotive clerk taking customers’ payments.
Examples of Embezzlement
Here are real-life examples of embezzlement:
Fox 5 News Las Vegas reports a woman received embezzlement charges for stealing thousands of dollars after her employer, Walmart, noticed money missing from its records.
A former store manager was sent to Clark County Detention Center in Las Vegas on four counts of embezzlement for stealing more than $100,000 from his employer.
Your employer trusts you with handling funds. Because you took them and used them for your own personal gain, Nevada considers this employee theft or fraud and takes this crime seriously. As a result, steep punishment applies to those who commit the crime.
Penalties for Embezzlement
The State of Nevada essentially treats embezzlement the same as larceny in Las Vegas. The penalties for embezzlement generally depend on the value of the property. Nevada Revised Statutes 205.0835 categorizes that penalties as follows:
- Less than $650.
This is a misdemeanor. Punishment includes paying the funds back, also known as restitution, and up to $1,000 in fines and/or up to 6 months in jail.
- $650 and more but less than $3,500.
This is a category C felony and punishment includes restitution and up to 5 years in a Nevada state prison and a fine of no more than $10,000.
- $3,500 and more.
This is punishable as a category B felony and the punishment may include restitution and up to $10,000 in fines.
How to Defend an Embezzlement Charge
Because you “borrowed” the money and paid it back, this is not a defense to raise in your criminal matter. The crime was complete when you took the money. An aggressive criminal defense lawyer in Las Vegas will work to develop the best strategy to get your charges reduced or dropped. Here’s a common defense your attorney may use:
- My Client Didn’t Intend to Embezzle these Funds
Intent is an important element in embezzlement cases. As you can see from the definition of the term, the act of taking the money had to be intentional. If you did not intend to permanently deprive the company, this is a valid argument. Especially since you put the money back.
Are You a Part of an Investigation for Embezzlement? Contact a Las Vegas Criminal Defense Attorney Can Help
If you’re under investigation for embezzlement in Las Vegas, contact Lobo Law. Adrian Lobo is an experienced attorney who provides aggressive representation for her clients and she will do the same for you. When results matter most, call Lobo Law at 702-290-8998 to schedule a consultation.
Resources:
fox5vegas.com/news/pahrump-walmart-employee-charged-with-embezzlement/article_893ed01e-7282-11e9-98d8-a78d5462e405.html
stgeorgeutah.com/news/archive/2019/06/20/cgb-mesquite-police-arrest-former-manager-of-lees-liquors-for-alleged-embezzlement/#.XSzj2ehKjcd
