Massachusetts Embezzlement of Corporate Funds

The crimes of embezzlement from a corporation could lead to severe criminal consequences to the individual when the local law enforcement become aware of the illegal activity. However, the person still has the access and ability to defend against the charges in court with a Massachusetts lawyer to mitigate or eliminate the damage of such charges.

Embezzlement is when a person commits the illegal act of theft by taking a company’s assets. The person is often responsible for these assets through management or directing the details. He or she may have a place of power in the company, may have a supervisory position or maintain a department. Often, the crime is not an expected act of the person, and he or she may still appear innocent even if the funds are no longer in the accounts they should correspond to within the company. Sometimes, the evidence is not enough to convict the person without a witness or a professional to provide more details to the act. Electronic
information is frequently necessary to increase the chances of convicting the accused.
Embezzlement and the Corporation
The funds taken are generally connected to or within a corporation. The person may oversee one or multiple accounts with thousands or millions of dollars that transfer for varying reasons. The accused may take only so much each time an attempt to cover his or her tracks, or he or she may steal the full amount he or she takes at once time. It is possible to use other tactics that may confuse or throw off the company executives until the funds are necessary to pay or provide for certain individuals or items. The perpetrator may keep these funds in his or her own accounts, foreign financial institutions or use another person to funnel the income to in order to hold the amount temporarily.

Factors of Embezzlement Explained
For embezzlement to occur in Massachusetts, there are four factors that usually need to occur. Otherwise, the crime may charge as larceny or simple theft. There must exist a fiduciary relationship between the two involved parties in the embezzlement. There is a reliance on the other person from the company or individual. The property or funds must transfer illegally through this relationship. The accused must have at some point transferred the money or property to another entity, person or account, and this must also require an ownership taken by him or her of the property or other assets. Additionally, the perpetrator must have intentionally taken the item or money.

The professional involved in the illegal acts could hold the accounting position. Through this department, the professional may manipulate the accounting records of the affected corporation in order to conceal how he or she stole the funds. This is a common white- collar crime, and when this person acquires the assets in this manner, he or she engages in embezzlement. This happens through having lawful possession of the property but converting it to personal use. It is possible to steal large sums of money in this manner, but many may transfer smaller amounts little by little to conceal the crime more easily.
Massachusetts Embezzlement Penalties
Before penalties issue to the convicted embezzler, the factors of value and type of property stolen are necessary. Discussion about this is important. The prior criminal history may also play a role in the severity of penalties. Value at $250 or less with a first offense could lead to fines of $600 and two to two and a half years behind prison bars. More than the $250 and fines could reach as high as $25,000 with up to five years in a state prison. If the person steals trade secrets, the penalties are similar to the second set. Other matters may have special consideration.

White collar crimes often require an expert to determine how much is stolen and if the funds or property are retrievable. With fewer complications, the penalties are clearer, and the perpetrator may see less of prison walls. It is important to cooperate and work with the criminal defense lawyer, especially if the charges point at the wrong person.
Massachusetts Criminal Defense Lawyer
It is important to hire a lawyer in Massachusetts with a background in white collar crimes. The legal representation will form a defensive strategy to attack the prosecution and seek to discredit the evidence. Through the lawyer’s expertise, it is possible to increase the chances of mitigating the sentencing or seeking a not guilty verdict.