Embezzlement occurs where there is the fraudulent taking of personal property with which one has been entrusted, especially as a fiduciary. The classic example of this occurs where a bookkeeper skims the books or the store clerk arranges with a customer to steal clothing or undercharge for it. You should know that the criminal intent for embezzlement is different than in Burglary case. The intent arises after taking possession not before.
Bill Weinberg has enjoyed much success in defending clients charged with Embezzlement. Before talking to law enforcement, Call Orange County embezzlement defense attorney William Weinberg for a no-cost consultation. He has been able to significantly affect the outcome for the client, often avoiding jail, and sometimes a conviction.
An example of embezzlement is a situation where cash is received and the employee merely puts it in his pocket without recording the transaction. This type of theft is difficult to prevent or detect if the transaction is a cash sale and no subsequent entries are necessary in accounts receivable records.
In a more complex situation criminals sometimes engage and called "lapping", which involves temporarily withholding receipts or accounts receivable payments. In this situation an employee who is a position of trust and opens mail or otherwise receives cash and checks as payment holds out some amount of money, say a hundred dollar bill. To avoid arousing suspicion the money is taken from a $200 payment made by another customer a few days or weeks later. This $200 payment is sent along with the necessary documentation for processing to the account of the first person. The embezzler then puts the rest of the money (the $100) into his pocket and hopes that no one else is the wiser for his crime.
These are classic situations that an embezzlement defense lawyer in Orange County sees time and again. A person in a position of trust, a controller or an accounts receivable person who has access to all the bank records will start to take money and cover it up with other transactions over a period of months or years. Frequently, the sums run into the hundreds of thousands of dollars and only after an audit is done in the ordinary course of business is anyone the wiser for what has happened.
In one case a client was discovered to have embezzled several hundred thousand dollars after her employer did an audit on a previous employee and then began to run employee names through a court website and learned that his trusted accountant had stolen for years. The most common theft or embezzlement takes place when a check gets stolen and is cashed and the person cashing the check hopes to take advantage of the "float" which is the number of days between the deposit of the check in the collection of the funds, usually around three days.
Adding fictitious persons or relatives with similar sounding names to the payroll and issuing checks to them is another form of embezzlement. Having opened up an account at a bank using similar identification, those checks are then cashed and the money is then taken from the victim's bank account.
It is important to understand that there are many, many ways that person at a position of trust can steal or embezzle from his or her employer and that employers must be aware of these different schemes when putting people into positions of trust.
I believe the Constitution matters most when it serves the individual against the awesome power of the State. A good Orange County embezzlement defense lawyer is the only protection between you and the Police, the Court, and the the District Attorney. I will defend anyone accused of wrongdoing, regardless of the charge. Call me at (949) 474-8008 or contact me online to discuss your matter confidentially 24 hours a day with an embezzlement defense attorney in Orange County.