Embezzlement occurs when a person fraudulently obtains any property from another person or a company without the owner’s knowledge or permission for a use other than what the owner intended. It’s a serious crime on both the state and federal levels, and you’ll need skilled guidance from an Oklahoma embezzlement defense lawyer if you have been charged with this crime.
At Josh Lee & Associates, we can prepare a powerful defense strategy to protect your rights against unfounded charges. Embezzlement is just one of many charges we can help you understand when you speak with an Oklahoma white-collar crimes lawyer at our firm.
Embezzlement Charges Depend on Proving Misuse of Authority
Under Oklahoma Statute §21-1451, embezzlement means a person can be charged with taking property they were entrusted with and fraudulently appropriating it. This might involve situations such as:
- Having check-writing authority for company funds and writing checks to a personal account
- Using company credit cards for personal purchases
- Generating false invoices and depositing the payments into a personal account
- Using property belonging to someone else for purposes other than intended
- Overcharging a client and retaining part of the payment for personal use (skimming)
- Using a power of attorney for an elderly relative to transfer their assets to someone else
If you are facing embezzlement charges, the key aspect of the case for the prosecuting attorney will be showing how you misused funds or property belonging to others.
An Arrest for Embezzlement Can Carry Both State and Federal Charges
If you are accused of white-collar crimes in Oklahoma, you will likely face state charges only. Under Oklahoma Statute §21-1451(v2) the penalties for embezzlement are:
- Misdemeanor embezzlement: Embezzling amounts under $1,000 is a misdemeanor and carries up to 1 year in county jail and a fine of $1,000.
- Felony embezzlement: For amounts between $1,000 and $25,000, penalties include up to 5 years in county jail and $5,000 in fines. If the amount is over $25,000, you could face up to 10 years in state prison and a $10,000 fine.
However, if the evidence indicates theft or misappropriation of funds from a federal program or agency, then you could be facing extremely heavy penalties. Under 18 U.S.C. § 641, you could go to federal prison for up to 10 years, fines of $250,000, and 3 years of supervised release for amounts over $1,000. In addition, both federal and state prosecutors may demand that you pay restitution to those harmed by the embezzlement.
Potential Defenses Against Embezzlement Charges in Oklahoma
The prosecution must demonstrate beyond a reasonable doubt that you had a fiduciary duty and relationship with the other party, giving you access to the assets in question, and that you illegally assumed ownership of those assets. It must also show that you intentionally misused the property for personal use.
Your attorney can present defenses to white-collar crimes, such as:
- The evidence doesn’t show a clear intent to misuse or steal the property.
- You acted in good faith or mistakenly believed you had the right to use the property.
- You committed the acts under duress, such as fear of losing your job. a
- There’s insufficient evidence to demonstrate the fiduciary duty and misappropriation.
- You were mistaken for the actual person who committed embezzlement.
- Law enforcement officials engaged in entrapment to force you to commit acts you would not have done otherwise.
- The statute of limitations has expired.
If there is any validity to the charges, your attorney will work to minimize the impact and penalties you receive. You have the right to defend yourself against unfair charges, and an experienced white-collar crimes attorney will make every effort to secure justice for you.
Contact Josh Lee & Associates for Embezzlement Defense Near Oklahoma City
Your Oklahoma City embezzlement lawyer at Josh Lee & Associates will assess your case by asking questions about your actions, collecting accounting and other financial data, and analyzing employer records to find weaknesses in the charges against you. You don’t have to face this burden alone when you contact us for a free consultation today.
