White Collar Crime Embezzlement and Penalties
White collar embezzlement and penalties that punish a convicted individual fall under the larger umbrella of white collar crimes. White collar crimes are defined as criminal acts taking place in a business or other professional setting that are committed to achieve personal financial gain at the expense of another. Embezzlement is the misappropriation of items or monies that a person has been trusted to protect and manage.
White collar embezzlement and penalties depend on the specific circumstances of the case. For instance, charges of embezzlement can be negotiated if it is proven that the embezzler intended to return what s/he had procured. White collar embezzlement and penalties differ from larceny charges because in embezzlement cases the perpetrator legally assumes possession of the property, but then assumes illegal rights to it. A white collar embezzler often has a fiduciary relationship with the victim, meaning that the perpetrator has been entrusted by the victim with specific responsibilities.
One of the most common forms of embezzlement is employee theft, where employees who have access to their business's property procure it for their own use. White collar embezzlement is detected based on a number of factors including missing, late or suspicious documents, unexplainable profit fluxuations, and employee behavior such as personal spending behaviors, eagerness to work overtime, and other suspicious acts.
In order for white collar embezzlement and penalties to be proven and enforced, four things must be established in a case. A fiduciary relationship between the defendant and the victim must be proven. That relationship must be shown to have resulted in the defendant's possession of the property in question. The fact that the defendant illegally assumed rights to said property must be confirmed. And it must be revealed that this appropriation was intentional.
White collar embezzlement and penalties can be sought by a victim through the civil or criminal court systems. An employer, who suspects or has knowledge that his /her employee(s) are embezzling company property, may wish to speak with an embezzlement legal expert. This experienced attorney can advise an employer of his/her legal rights and options in a possible white collar embezzlement and penalties case.
White collar embezzlement and penalties include being charged with a felony in either a criminal or civil federal or state court system. The specific court system through which white collar embezzlement and penalties are decided depends on the circumstances of the crime. White collar embezzlement and penalties can include both monetary fines and jail time. Penalties usually depend on the value of the property that was embezzled. The severity of white collar embezzlement determines the severity of the penalties. If you have more questions about white collar embezzlement and penalties you may wish to speak to a qualified attorney.
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