White-collar criminal offenses are not substantially different from other crimes of theft or larceny. What sets them apart is that white-collar crimes involve manipulating paperwork. An embezzlement charge alleges that someone misused funds or property they were entrusted to manage.
If you received this type of charge, an experienced Charleston embezzlement lawyer could investigate and assist with your defense. At Bill Nettles, Attorney At Law, our white collar defense attorneys know what to look for when crafting your defense and what facts need to counter the prosecution’s case.
Embezzlement is the taking of money or property from another person after it was legally entrusted to the defendant. Embezzlement differs from theft or robbery because the possession was initially lawful. It becomes a crime when the person diverts some or all of the money to their own use without informing the rightful owner.
In South Carolina, the statute for embezzlement refers to public funds under South Carolina Code of Laws § 16-13-210. There is no specific statute for private funds or property. Embezzlement often occurs with other types of theft, such as bank or wire fraud, conspiracy, or forgery. A Charleston attorney could help you better understand what constitutes an embezzlement charge.
A charge of embezzlement is not as simple to prove as robbery or other kinds of theft. The prosecution must show that a defendant:
In other words, simple accounting errors or bad investment decisions do not qualify as embezzlement. Miscommunications about how money should be used may lead to allegations of embezzlement, and this may be grounds for a defense. If you are charged with unauthorized use of funds, a Charleston lawyer could offer you legal advice for your defense.
Public agencies and private companies hire financial advisors because their money management requires specialists. For that reason, proving embezzlement means proving that a loss is more than an honest mistake or rounding error. When charged with financial misconduct, our Charleston attorneys understand how to present your situation to counter the prosecution’s case. Some possible defenses could include:
Our legal team could work with you to find evidence to counter the claims and charges against you, and defend that you were acting in good faith. If there is evidence of other offenses, we may recommend pleading to a lesser included offense or offer other alternatives.
The attorneys at The Law Office of Bill Nettles are some of the most experienced white-collar defense attorneys in South Carolina. They are ready to fight for your legal rights, and they understand how the charges could impact your personal and professional life. Contact a Charleston embezzlement lawyer today for a case review and receive our best legal opinion on how to proceed.
