While embezzlement can be thought of as a form of employee theft, there are specific elements that separate the two crimes. For example, embezzlement only occurs if there is a fiduciary relationship between the perpetrator and the victim. Furthermore, the asset that was stolen from a Minnesota company must have been obtained as a result of that relationship.
Did a person willfully commit a crime?
A prosecutor must also be able to show that an individual willfully conveyed an item that he or she didn’t actually own to another party to prove that embezzlement occurred. As a general rule, a person can’t be convicted of any type of crime if there was no intent to actually break the law.
The potential penalties for an embezzlement conviction
Generally speaking, a person who is convicted of this crime will be ordered to pay restitution to his or her employer. A judge may also order a defendant to pay a fine, spend time in jail or prison, and agree to restore the funds that were taken.
An attorney who has experience defending those accused of white-collar crimes may be able to provide more insight into the penalties you may face if convicted of such a crime. Your legal professional may also take steps to cast doubt on the allegations made against you. If you are charged with any type of crime, it is generally in your best interest to meet with a criminal defense attorney as soon as possible so that the two of you can start to build a strategy to combat the allegations.