Potential Grounds of Defense If Convicted Of Funds Embezzlement
Embezzlement is a white-collar crime that involves abusing trust and power. If you are convicted of embezzlement, you misused money and assets that were not yours for personal gains. The reason why embezzlement is different from other types of theft is that you steal something that was left under your care and you were entrusted with. Embezzlement is a serious crime punishable by law, depending on the property value you stole. If you have been convicted of embezzlement, there are several ways you can defend yourself and fight against the charges. The following are potential grounds of defence for charges of embezzlement.
- Show You Didn’t Receive the Funds
If you can prove you did not take the money, it is the most straightforward way of showing the accusations are false. Therefore, you will need to choose from the best Dallas White-Collar crime lawyers to collect evidence that proves you did not take the embezzled money. In that case, ensure you are working with a lawyer with prior experience gathering evidence in such cases.
- Invalidate Evidence
It is also possible to defend yourself if you invalidate the evidence given in court against you. Find a way to disprove the evidence that shows you are guilty of embezzling funds. This way, you can have the charges dropped due to inadequate evidence. Sometimes the evidence produced against you may not be strong enough to support the claim, or it may be false. Therefore, you must prove this and invalidate it to win the defense.
- Show the Money Was for Business Purposes
Another way you can defend yourself is by demonstrating that the money was for business purposes, not personal gains. Show that you took the money for legitimate and authorized reasons. You will need to show how you used the money for the said purposes and that you did not use even a penny for personal gains.
- Coercion or Duress
Sometimes you can commit the crime when coerced or under duress. If you believe that there was harm directed at you or your loved one, like death threats, you could defend yourself if you failed to embezzle. You will need to prove you were under duress and that embezzling was a form of defense. For example, you can claim to have been under duress if someone threatened to kill you if you did not participate in the plot to embezzle. There must have been an implication that harm would come to you or your loved ones if you did not commit the crime.
- No Intention to Commit the Crime
You cannot commit embezzlement by accident. However, if there is a case where you genuinely thought the money belonged to you, you have an opportunity to defend yourself. Go against the conviction because there was no intent to commit a crime. You must prove that there was no way you could have known the money did not belong to you for it to be considered a crime.
The points above indicate that irrespective of the circumstances, there is a way of defending yourself if you have been convicted of embezzlement. However, the best way to build a strong defense and increase your chances of winning is to seek out an experienced white-collar crime attorney.
