Federal Embezzlement Defense Lawyers

Legal Defense Against Employee Theft and Fraud

Embezzlement is a serious white-collar offense involving the theft or misappropriation of money or property by someone entrusted with its care.

Unlike ordinary theft, embezzlement typically arises in employment, corporate, or fiduciary relationships—where the accused had lawful access to assets but allegedly used them for unauthorized personal gain.

Both state and federal prosecutors aggressively pursue embezzlement cases, often combining them with fraud, conspiracy, or other financial crimes. A conviction can carry years in prison, substantial fines, restitution orders, and permanent damage to professional reputation.

If you are under investigation or charged with embezzlement, early representation by experienced defense counsel is critical.

Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.

What Is Federal Embezzlement?

At the federal level, embezzlement commonly arises under statutes such as:

18 U.S.C. § 641 – Embezzlement or theft of public money or property
18 U.S.C. § 664 – Embezzlement from employee benefit plans
18 U.S.C. § 225 – Continuing financial crimes enterprise (CFCE)

18 U.S.C. § 641 Explained

This statute makes it a federal crime to:

Embezzle, steal, or knowingly convert money, records, or property belonging to the United States;
Sell, dispose of, or misuse government property without authorization; or
Receive or conceal such property knowing it was stolen or embezzled.

A conviction can result in up to 10 years in federal prison, significant fines, and restitution.

If the value of the property does not exceed $1,000, the offense may be treated as a misdemeanor punishable by up to one year in jail.

Embezzlement Under California Law

In California, embezzlement is generally prosecuted as employee theft, a form of white-collar crime involving abuse of trust. Common examples include:

Diverting company funds
Altering payroll or expense records
Skimming cash receipts
Misusing corporate credit cards

Cases may be filed in state court, federal court, or both, depending on the employer's nature, the funds involved, and whether federal interests are implicated.

Who Can Be Charged With Embezzlement?

Federal and state embezzlement charges may be brought against:

Employees or managers
Corporate officers or executives
Bookkeepers or accountants
Trustees or fiduciaries
Government contractors

Even accusations alone can result in suspension, termination, or professional discipline—long before any conviction.

Penalties for Embezzlement Convictions

Penalties vary based on:

The amount allegedly taken
Whether the victim is a private entity or the government
The defendant's role and level of trust
Prior criminal history

Possible consequences include:

Prison or jail sentences
Heavy fines
Restitution payments
Asset forfeiture
Loss of professional licenses

Because sentencing exposure increases rapidly with alleged loss amounts, early defense strategy matters.

In major financial crime cases, sentencing enhancements can increase exposure — sometimes resulting in 10, 20, or even 30+ years in federal prison.

In federal criminal cases, financial penalties frequently go beyond just fines and jail time. Two key monetary effects are forfeiture and restitution. Though they are sometimes mixed up, each has very different legal objectives.

Defending Against Embezzlement Charges

Every embezzlement case is fact-specific. Effective defenses may include:

Lack of Intent

Embezzlement requires intentional misappropriation. Accounting errors, poor record-keeping, or misunderstandings are not crimes.

Authorization or Consent

If the defendant had permission—or reasonably believed they had permission—to use the funds, criminal liability may not exist.

Insufficient Evidence

The prosecution must prove the property was taken, belonged to another, and was converted for personal use.

Civil Dispute, Not a Crime

Many embezzlement allegations arise from employment disputes or internal company conflicts better handled as civil matters.

Why Early Legal Representation Is Critical

If you are questioned by your employer or investigators about missing funds, do not make statements without counsel. Anything said can later be used against you in court.

Early intervention may allow defense counsel to:

Prevent criminal charges from being filed
Negotiate restitution before prosecution
Reduce charges or penalties
Position the case for dismissal or favorable resolution

Speak With a Federal Embezzlement Defense Lawyer

If you are under investigation or charged with embezzlement at the state or federal level, immediate legal guidance is essential.

Eisner Gorin LLP is a nationally recognized criminal defense firm representing clients in complex embezzlement and white-collar crime cases.

Our attorneys understand how prosecutors build financial crime cases—and how to defend against them. We are prepared to negotiate aggressively or take your case to trial if necessary.

📞 Call 877-781-1570 or contact us online for a confidential case evaluation and immediate legal assistance.

Embezzlement