An embezzlement allegation can begin with an internal audit or a question about money you were authorized to handle. Employees and fiduciaries who manage money often come under scrutiny when records appear inconsistent, or funds cannot be accounted for. A Lexington embezzlement lawyer can examine how the accusation developed, what the financial records actually show, and whether the government can prove criminal intent rather than poor documentation or an innocent accounting mistake.
Because financial-crime investigations often depend on bank statements and interviews with coworkers, early legal review can be important. A white-collar defense attorney from the Law Office of Bill Nettles can identify the governing charge and advise you before you make statements that could affect the case.
South Carolina generally prosecutes conduct commonly described as embezzlement under Section 16-13-230 of the South Carolina Code, titled breach of trust with fraudulent intent. The statute provides that a person who commits a breach of trust with fraudulent intent is guilty of larceny. In practice, the state must do more than show that money is missing. Fraudulent intent is a required part of the offense, so a bookkeeping error or a misunderstanding about authority does not automatically establish guilt.
A lawyer handling an embezzlement matter in Lexington should examine the relationship that gave you access to the property and the evidence prosecutors rely on to infer intent, including authorization records and any ambiguity the accounting system itself created. For public money, S.C. Code Ann. § 16-13-210 addresses embezzlement by an officer or person entrusted with public funds.
Under the same statute, the potential punishment depends on the amount attributed to the alleged breach of trust. The statute sets different offense levels and maximum terms based on value. These values and offense levels include:
A defense lawyer reviewing a Lexington embezzlement allegation should test the amount calculation because it can affect both the classification of the offense and the sentencing exposure. That review often tests how the state grouped the transactions and calculated the total it attributes to you.
A defense strategy should begin with the prosecution’s proof of fraudulent intent. If the evidence supports an honest mistake or poor recordkeeping, that distinction may directly undermine an essential element of breach of trust with fraudulent intent. Other issues may involve whether the accused actually had control over the property and whether the records identify the correct person.
When you consult a Lexington lawyer for an embezzlement investigation, experience with financial evidence and prosecutorial decision-making matters. Bill Nettles served as the United States Attorney for the District of South Carolina from 2010 to 2016. Our team also includes highly experienced trial lawyers, including partners Fran Trapp and John Delgado, who have decades of experience, so we understand how these cases are built and challenged.
If you have been charged, the Law Office of Bill Nettles can review the financial record and pinpoint the weak points in the government’s theory. A Lexington embezzlement lawyer from our firm can evaluate your case and provide guidance based on the evidence to help you make informed decisions about the next stage. Contact us to request a free, confidential consultation. We will discuss the allegations and the defense issues that deserve immediate attention.
