Criminal Embezzlement is the dishonest withholding of certain assets (usually financial) to be used elsewhere and for another function by a person who was entrusted with those assets. This is done in a premeditated manner since the idea is to steal the assets without the knowledge or consent of the owner of these assets.
Quite often, embezzlement can last for years as the trusted individual only takes a small amount at a time so as not to be detected. If successful, the embezzler can go on for years until such time the company`s or individual`s accountant goes over the financial statements in order to complete a major transaction or transfer of funds or when a reorganization, takeover or buyout is imminent.
Criminal Embezzlement sometimes involves a falsification of documents to have control over large funds or assets in which the alleged embezzler assumes a lot of risk since this is when they usually get caught, unless the accused is very good at gaining the acquired trust and confidence of their employer and can go undetected.
Another method of embezzlement can be to create a false vendor and false bills so that when cheques are created, that company looks legitimate. Also, another method of this kind of fraud can be to create fake employees who are paid via payroll cheques. Unless an audit is thoroughly done, these phantom companies or employees can look completely legitimate.
Have you been charged with Embezzlement?
Criminal Embezzlement charges are considered white collar crimes. It involves the knowledge and experience of seasoned lawyers at the top of their game in order to avoid lengthy prison terms. Retaining the services of a veteran lawyer will get you a more favourable outcome than facing the charges themselves.
The Penalties for Criminal Embezzlement in Canada:
322. (1) Every one commits Criminal Embezzlement theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
- (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
- (b) to pledge it or deposit it as security;
- (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
- (d) To deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.
(2) A person commits criminal embezzlement theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.
(3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.
(4) For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.
334. Except where otherwise provided by law, everyone who commits theft
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or
(b) is guilty
(i) Of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) Of an offence punishable on summary conviction,
Where the value of what is stolen does not exceed five thousand dollars.
Often individuals accused of fraud cases are reluctant to look into professional counsel from a lawyer so they don’t convince themselves they were involved in any wrong-doing, and to avoid the potential publicity.
Even in the situation of a misunderstanding with an employer an individual charged with this fraud can lose their source of employment. Seeking skilled legal representation from Stephen Hebscher & Bruce Karten at once can assist you in defending you against these serious criminal accusations. A quick pro-active approach from a skilled defence lawyer can result in an alternative outcome – less damaging than a judgment leading to a criminal record.
Irrespective of the incidents surrounding your charges, it is critical to get assistance of skillful legal assistance. We will work to reduce the severity of the crime, or get the charges withdrawn or dismissed, avoiding a criminal record. If staying out of prison is important to you, then call now to speak to an embezzlement defence lawyer in Toronto. See what our other clients are saying about us. We can help you too!
