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Theft from Employer

Toronto Theft from Employer / Breach of Trust Criminal Defence Lawyer

Toronto theft from employer lawyer

A particularly serious charge in the category of theft involves theft from one’s employer.  A person facing a charge of theft from employer, or breach of trust, has to contend with the allegation that he or she was in a position of trust, and misused this position to deprive their employer of his or her property.  This type of charge usually carries a jail sentence, however, we have been successful in over 95% of our cases in either obtaining an acquittal or a sentence that did not involve jail.

Theft from an employer can be committed in many ways.  For example, the theft can be in the form of a fraud by someone in the company with access to company funds.  A common term for this type of fraud is embezzlement, which is the dishonest withholding of assets and the use of those assets by the taker (in this case, the employee) for his or her own use.  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 continue the theft or fraud until the company accountant does an audit of the financial statements, sometimes for the purpose of completing a major transaction, or transfer of funds, or when a reorganization, takeover or buyout is imminent.

Many times, Theft from employer involves the falsification of documents to gain control over large funds or assets.  In this way, the employee diverts funds to his or her own use by, for example, making payments (with company funds) to a fictitious payee company controlled by the accused employee. The Criminal Law Team was successful in obtaining an acquittal for a client who allegedly assisted her husband in siphoning off over $2 million of his employer company’s funds by creating false work orders payable to a company controlled by the client.  In the end, the prosecution was unable to prove that the client did anything other than sign documents making her the director of the company that received the fraudulently-obtained funds.

Have you been Accused or Charged with Stealing From Your Employer?

theft from employer
 

 

The Criminal Law Team has over 60+ years of experience representing clients charged with theft from employer.  We have defended cases from the simple employee theft by a cashier to sophisticated frauds wherein the accused is alleged to have developed a complicated scheme to steal from his employer.  We have extensive experience, and are very comfortable, reviewing complex financial transactions.  We have also worked with forensic accountants in the preparation of our clients’ defence.  See what our other clients are saying about us.  We can help you too!

Your Best Defence

Even in the situation of a misunderstanding with an employer, before you are charged with employee theft or fraud, contact The Criminal Law Team to discuss the pitfalls of speaking alone to your employer, or the police, in an attempt to “clear your name”. We are well aware of the dangers in talking to anyone about your case before conducting a thorough review of your situation with The Criminal Law Team.  We can discuss with you a strategy on how to conduct yourself before your employer or the police if we are provided assurances that you will not be charged with theft or fraud.  The Criminal Law Team recently successfully avoided charges for a client who was alleged to have obtained over $20,000 in salary for work she did not do.  This was accomplished following lengthy negotiations, and after a minimal compensation payment of $3500.

However, in many instances, after discussing the minute details of your situation, we will urge you to remain silent, and we will prepare you for your interrogation, which will be designed to trap you into incriminating yourself.  We will inform you of the specific approach the police will follow in their attempts to trap you, and provide you with concrete advice on how to exercise your right to remain silent.

Contact The Criminal Law Team for a free confidential consultation.  As trusted criminal defence lawyers, we will use our extensive experience in defending clients charged with theft from an employer to give you a fighting chance to avoid a criminal record.

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