Embezzlement offenses occur when a person uses somebody else’s money or property but for their own gain without proper legal ownership. It is a combination of the stealing of money that was original, rightfully in a person’s possession that took it and used it for a purpose that was not authorized by the legal owner of the money or property.
Proving DC federal embezzlement cases is the responsibility of the prosecution. Due to the severity of embezzlement, a well-versed federal embezzlement lawyer can help you fight the case against you.
How do Federal Prosecutors Treat Embezzlement Cases?
Federal prosecutors tend to treat embezzlement cases most seriously. There are specialized units in the federal and state prosecutor’s offices that deal with economic crimes. The federal prosecutors who investigate and prosecute embezzlement cases pursue them vigorously because they are viewed as high profile cases. When a person is the target of a federal investigation, they need to get legal representation as fast as possible.
Laws Applicable to Proving DC Federal Embezzlement Cases
There is a set of embezzlement laws that focus on whether the money is public or private. When public money, property, or public records are involved, there are specific provisions to address that. There are embezzlement provisions for the tools and materials that are used for counterfeiting, accounting schemes where money is siphoned off, or receiving an unauthorized deposit. There are embezzlement laws that cover privately owned funds, non-profits, and the like.
Important Elements to Prove in Federal Cases
In a federal embezzlement case, the prosecution must prove that there was possession of the money or property by the individual and there was a misappropriation of the funds or the property. Even though the person had a right to possess the money or property, they misappropriated it in some way and converted those assets to a use that was not intended or sanctioned by the owner. For example, a person is a government employee and manages an amount of money in an account that comes into the office. The person is supposed to handle the funds in a specific way but the individual starts siphoning money off for their personal use.
That is an example of converting the assets for a purpose that was unintended. The funds coming in were supposed to be used for a particular government purpose. Instead, the individual took the money and used it to buy a car or pay the mortgage. Sometimes people take the money and use it for sympathetic purposes like paying medical expenses or for charitable purposes. However, when the money is not used as intended, a person faces embezzlement charges.
Evidence Used in the Prosecution’s Case
When proving DC federal embezzlement cases, the prosecution usually focuses their evidence on someone’s personal records. For example, when someone takes money and puts it in their bank account, bank records can show that. Another indication is spending more money than the person should be able to do on their salary.
If a person is a government employee making $80,000 and buys a new house, has expensive cars, takes expensive vacations, and pays off their child’s college tuition in amounts they would not be able to do on $80,000 a year, that could be viewed as evidence that the person is getting money in an illegal way.
The prosecution looks at the records of the institution or the entity. That might be the federal government or a bank where money comes in but it disappears off the roles somehow. There can be a falsification of records to try to hide that. Learning more about how the prosecution plans on proving DC federal embezzlement cases can be beneficial for you.
