What are the Potential Legal Penalties for Someone Convicted of Embezzlement?
Embezzlement is the act of stealing funds from an employer or business, creating a breach of trust. If you have been convicted of embezzlement, you could face imprisonment, hefty fines, and asset forfeiture. Aside from these ramifications, an embezzlement conviction could forever tarnish your once good name.
At Ryan Beasley Law, we know the shame and anxiety that comes with an embezzlement charge. There is no denying the need for proactive counsel in the face of these humiliating charges. If you are under state or federal investigation for embezzling funds, our South Carolina embezzlement attorneys are available to safeguard your rights.
What is Embezzlement?
Embezzlement is the act of misappropriating funds for your own personal use. If you are accused of taking money before it is deposited (“skimming” cash), siphoning funds, abusing corporate credit cards or reimbursement claims, or misappropriating company property or equipment, you could be charged with embezzlement.
Elements of an Embezzlement Charge
In criminal cases, the government has the burden of demonstrating your guilt beyond a reasonable doubt for each element of a crime. In an embezzlement charge, the prosecution must establish the following beyond a reasonable doubt:
- You illegally manipulated financial resources
- You gained access to the property or funds through your job
- The business owner or your supervisor entrusted you with the financial resources
- You intended to deprive the business of these funds
SC Code §16-13-210
Someone who is entrusted with the “safekeeping, transfer, or disbursement” of public funds and is found misappropriating these funds will be guilty of embezzlement. If you are found depriving a state-funded organization, then you will likely be charged in state court.
In accordance with South Carolina law, if you are found embezzling funds in excess of $10,000, you could be fined at the court’s discretion and sentenced to a maximum of 10 years in jail. If the funds are less than $10,000, then you will be fined at the court’s discretion and sentenced to a maximum of five years in jail. Typically, a judge will impose fines in proportion to the amount embezzled.
18 U.S.C. §641
If you are found mishandling funds of the federal government, you will likely be charged under 18 U.S.C. §641. This law applies to any contracts made directly with the United States or any federal agencies. If convicted, you could be sentenced to 10 years in federal prison and fined. However, if the total amount embezzled is $1,000 or less, then you will face a maximum of one year in prison, along with a potential fine. Additionally, if there is evidence that you acquired property because of embezzled funds, the government could seize it as part of the criminal forfeiture process.
South Carolina Embezzlement Lawyers Offering Tenacious Representation
If you have been accused of stealing or misusing company funds, you must take these allegations seriously. Embezzlement charges can result in extensive prison time, steep fines, and seizure of property, making it crucial that you hire aggressive counsel to defend your interests. At Ryan Beasley Law, our South Carolina embezzlement attorneys are committed to providing a strong defense to combat such heinous charges. If you are interested in learning more, contact us online or by phone at (864) 679-7777 to schedule your case evaluation.