If you’re under investigation for embezzlement, the potential consequences are very severe. Even if you haven’t yet officially been charged with the crime, it’s highly recommended that you consult with an experienced Massachusetts criminal defense attorney as soon as possible, who can help you to understand your options and advise you of next steps. At the Law Office of Paul R. Moraski, we can help. Call today to get started. 

Elements of an Embezzlement Charge

In Massachusetts, the crime of embezzlement is known as larceny. This white collar crime can have serious penalties, including large fines and prison time, as well as probation, restitution, community service, and a permanent black mark on one’s criminal record. The elements of an embezzlement charge include:

• The defendant was in a position of trust or confidence with another person and was entrusted with possession of personal property belonging to that person (or entity); 
• The defendant took or hid that property, for the purpose of their own use, without the express permission or knowledge of the property owner; and
• The defendant took or hid the property with the intent to deprive the owner of the property. 

The prosecution has the burden of proving these three elements beyond a reasonable doubt, as found in Massachusetts jury instructions. Note that these elements apply to fiduciary larceny; the specific elements of other larceny crimes vary. 

Classifications of Embezzlement and Penalties

There are different types of embezzlement, and the penalties can vary greatly as well. Types of embezzlement include:

• Embezzlement of trade secrets
• Fiduciary embezzlement 
• Larceny by embezzlement
  • Over $250
  • Under $250

Additionally, there are enhanced consequences for larceny by embezzlement committed against persons over 60 and persons with disabilities. 

Penalties can range from a fine of $300 (embezzlement under $250) to a fine of up to $50,000 and imprisonment for up to 10 years (larceny by embezzlement over $250 from a person over 60 or with a disability). It’s important that you speak to your attorney about what penalties you may be facing based on the specifics of the charges against you. 

Actions to Take if Accused of Embezzlement

If you are accused of embezzlement, the first and most important thing you should do is to contact an attorney immediately. You should not take any further actions unless advised by your attorney to do so. Your attorney will help you to understand the charges against you and the most viable defense strategies. 

Call the Law Office of Paul R. Moraski Today

For a consultation with a Massachusetts white collar criminal defense attorney with years of experience, call the Law Office of Paul R. Moraski today or request a consultation using our online contact form. We are here to advocate for you. (978) 397-0011.