Embezzlement Lawyers in the USA

Have you ever heard someone talk about larceny and wondered why they called a theft by that name? What about robbery? How about fraud or embezzlement? What's really the difference between all these different types of theft? It can be an important question if you or someone you know is facing criminal charges or have been the victim of a crime. Following is a description of eight (8) different types of theft and what their respective elements include.

Employees who are wrongly accused of theft or who made an innocent mistake that is interpreted as fraud have even more on the line than the businesses themselves.

A question we get asked on our website all the time is, what are white collar crimes? With the rise in today's technology it's highly likely that you or someone you know has been a victim of a white collar crime from counterfeit currency to identity theft. Continue reading this article to understand more about the most popular forms of white collar crimes.

The majority of my practice focuses on the defense of federal white collar crimes, which can be a confusing area of law for people who are unfamiliar with the system. In that vein, I've compiled some basic questions and answers regarding white collar criminal defense to help shed some light on the process.

Generally speaking, there are 2 basic components to every crime: the criminal act (actus reus) and the criminal intent (mens rea). Thus, the prosecution must prove not only that the defendant committed an act prohibited by the law, but that he/she also had the intent to commit the criminal act beyond a reasonable doubt for the defendant to be adjudged guilty.

Our criminal justice system is complex, both conceptually and procedurally. To ensure the fairness of the proceedings, each court system has its own rules of criminal procedure that govern the actions of all players: police, defense lawyers, prosecutors, judges and juries. The US Constitution requires that criminal defendants be accorded due process of law in all proceedings against them.

For people charged with white collar crimes, the challenges local governments face in investigating and prosecuting white collar crimes can be an opportunity for a strong defense. Simplify the issue. That’s the advice often given to prosecutors who must try white collar criminal charges before a jury. White collar crimes often involve complex concepts and evidence.

Passing a bad check is tendering a check for goods or service, from a bank account that has insufficient funds to pay the full amount of the check. It happens every day, to the tune of millions of dollars in California alone. Even attempting to tender a check with insufficient funds is a crime. The payee does not need to receive the check and attempt to cash or deposit it.

The mention of embezzlement conjures up images of an untrustworthy accountant methodically stealing small amounts of cash over a long period of time, adding up to thousands of dollars, or an employee at a cash register dropping a few dollars here and there into his or her pants pockets. Sadly it seems the most common type of embezzlement recently is by caretakers stealing from an elderly person.

Our office often defends clients accused of offense, that can be classified as either a misdemeanor or a felony. Such an offense is known as a “wobbler.” When the District Attorney’s office decides to bring the case as a felony, our office always considers whether and how we can reclassify the case as a misdemeanor under Penal Code § 17 (b).