Charleston Embezzlement Lawyer

With recent convictions for writing unauthorized checks, false accounting, and misuse of public funds, the Palmetto State has increased enforcement of embezzlement laws. If you are the target of an overeager prosecutor, a Charleston embezzlement lawyer could provide seasoned advice and criminal defense.

Dayne and his team of experienced criminal defense attorneys have secured favorable verdicts for multiple clients and won reversals of many convictions on appeal. Prosecutors face significant challenges trying to prove embezzlement, and our attorneys at South Carolina Criminal Law challenge those attempts at every turn.

What Constitutes Embezzlement Under State Law?

Every embezzlement indictment alleges that the accused breached the trust given to them to handle funds belonging to a corporation, government office, or organization. A Charleston misappropriation defense attorney may argue that you did not intend to misuse funds or fraudulently appropriate money or property, but only mishandled or mistakenly transferred funds to the wrong account. Nonetheless, prosecutors generally begin by emphasizing a breach of trust.

Actions that might constitute embezzlement include:

• Creating a ghost employee and directing that employee’s salary into a personal account, known as payroll fraud
• Submitting false receipts for reimbursement of expenses never incurred
• Forging or kiting checks and hiding illicit transfers within complex accounting schemes
• Directing payments to nonexistent vendors, which the alleged embezzler then receives
• Recording receipts at lower amounts than received and retaining the difference

Proof of embezzlement and a successful defense against such charges require scrupulous analysis of financial records. If you are facing embezzlement allegations, getting legal assistance from an attorney is critical. Our team has the knowledge and experience to review and understand complex financial documents.

How Could a Defense Attorney Rebut Embezzlement Allegations?

A knowledgeable Charleston criminal misappropriation defense lawyer could explain that repayment of embezzled funds or the absence of any intent to permanently retain money or property are not adequate defenses to embezzlement allegations. The crime wrongfully deprives a person or organization of money, but its foundation is a breach of trust, and the wrongful act occurs with that breach.

If you are under investigation for embezzlement, we could dispute proof of a breach of trust by arguing that:

• You believed in good faith that the money or property you acquired belonged to you
• You made an accounting error and had no intent to take funds
• The owner of the embezzled property authorized you to acquire it
• Law enforcement entrapped you by forcing you to embezzle funds as part of an investigation or for other purposes
• Your employer falsely claimed you took funds in retaliation for a prior dispute

Retaining a criminal defense lawyer as soon as possible could give your counsel time to investigate your case and develop the strongest defense.

Contact a Charleston Attorney About Embezzlement Charges

A Charleston embezzlement lawyer could give you straightforward advice and counsel on defending against embezzlement charges you may be facing. Contact our defense team at South Carolina Criminal Law today to schedule a conference and a free, in-depth case evaluation.