Charged with Embezzlement? Contact Shreveport White Collar Criminal Defense Attorneys
Embezzlement in Shreveport, Louisiana, is a form of theft and is punished as theft in Louisiana. Embezzlement is a crime under both Louisiana criminal law and under federal law. In Louisiana, the severity of the crime (and the punishments) depends on how much money has been embezzled. The punishments are the following under Louisiana law:
Less than $ 1,000 embezzled -- up to six months in jail and/or $1,000 in fines for first offense
$1,000-$5,000 embezzled -- up to five years of incarceration and up to $3,000 in fines
$5,001 to $25,000 -- up to ten years of incarceration and up to $10,000 in fines
$25,001+ embezzled -- from five to 20 years of incarceration and up to $50,000 in fines
Under federal criminal law, embezzlement of amounts higher than $1,000 can result in up to 10 years in a federal prison. For federal crimes, usually, some element of interstate commerce or cross-state-border activity must be involved. An example would be embezzling money from a bank or company engaged in interstate commerce. If you have been charged with embezzlement in Louisiana, contact an experienced Shreveport white-collar criminal defense attorney now.
As noted, embezzlement is a form of theft. However, embezzlement involves circumstances in which the money was entrusted to the person who ultimately engaged in the theft (i.e., the person was allowed or authorized to possess the money but then took the money without authorization and with the intent to permanently deprive the owner of the money).
As a simple example, imagine you give your friend $40 in cash to go to the pharmacy to buy medication or pick up a prescription. No crime has been committed. Your friend is authorized to have your $40; that money has been entrusted. However, if your friend absconds or flees with the money, never buys your medication, and never returns your money, then your friend has committed the crime of embezzlement.
Real-world embezzlement cases are never so simple. Embezzlement cases are always very complex, difficult, and time-consuming for the government prosecuting attorneys to prove. This complexity is why hiring a Shreveport white-collar criminal defense attorney may help you in defending against the charges.
As mentioned above, the prosecutors must prove that the money was actually taken. In most cases, that is not easy to do. This will generally require a high-level expert witness with deep experience in forensic accounting. Further, it must be proven that the money was taken without authority -- explicit or implied authority. By extension, it must be shown that there was an intent to take the money. That is, the evidence must refute the possibility that the money was taken by inadvertence, accident, or mistake. Finally, it must be proved beyond a reasonable doubt that the money was taken with the intent to permanently deprive the rightful owner of the money.
There are, of course, other potential defenses that a Louisiana white-collar criminal defense attorney might be able to explore. In white-collar criminal cases, one important question is how did the government come into possession of the alleged evidence? Was the evidence collected in violation of the defendant's constitutional rights?
Contact A Louisiana White Collar Criminal Defense Attorney Today
For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana white-collar criminal defense lawyers. Complete our "Contact Us" page here. While no results are guaranteed, you may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana.