Federal Embezzlement Defense Attorney

Embezzlement can become a federal offense in cases where the property that has been taken is connected to interstate commerce, a federally regulated market or a federal program. The processes involved with federal court cases are completely different from those at the state level, and an experienced federal criminal defense lawyer can give you the best chance of avoiding a conviction.

At the Law Office of Thomas A. Johnson, we provide sophisticated defense representation to clients throughout Northern California in a broad range of complex federal embezzlement matters. Attorney Tom Johnson is a former federal prosecutor: He has handled cases exactly like yours from the other side. He will use his knowledge and experience to present a strong defense designed to protect your freedom.

Skillful Defense Representation Against Any Federal Embezzlement Charge

Most people’s understanding of embezzlement involves workplace theft — money or goods stolen by an employee. While employee theft can certainly be a part of a federal embezzlement case, there are a number of other considerations that can result in criminal charges. We will take a customized, results-oriented approach to your case, and we are committed to obtaining the best possible outcome for you.

We represent clients in cases involving any type of federal embezzlement charge, including:

• Theft of government funds by federal employees, including officers
• Theft by bank employees
• Theft of health or other benefit plan funds
• Failure to safeguard federal funds or deposit them in a timely manner
• Theft of U.S. government property, including cash, assets and records
• Misuse of public funds
• Theft of counterfeiting tools and supplies
• Theft of a major piece of artwork
• Theft of livestock

Embezzlement FAQs

Here are some commonly asked questions we have encountered on embezzlement in California:

What are the elements of embezzlement?

Under California Penal Code Section 503, embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted. Embezzlement can also fall under Penal Code Section 487, which covers grand theft.

Grand theft occurs when someone unlawfully takes property valued at more than $950. The prosecution must prove that:

• The defendant was entrusted with property belonging to someone else due to a position of trust, such as an employee handling company funds.
• The defendant fraudulently took, used or converted the property for personal gain or unauthorized use.
• The value of the stolen property exceeded $950, making it grand theft rather than petty theft.
• The defendant intended to deprive the property owner, even if the deprivation was temporary.

Grand theft embezzlement can be charged as either a misdemeanor or a felony. As a misdemeanor, the penalties are up to one year in county jail and fines, while a felony carries from 16 months to two years or three years in state prison, along with potential fines and restitution.

If the embezzlement involves large sums of money, including more than $100,000, sentencing enhancements may apply, leading to even longer prison terms.

Can charges be brought even if items – typically money – are returned?

Yes, embezzlement charges can still be brought even if the misappropriated money or property is returned. In California, embezzlement is considered a crime of intent rather than permanent deprivation.

This means that if the prosecution can prove that you fraudulently took or used the property without permission and with the intent to temporarily or permanently deprive the rightful owner, the crime has already been committed.

What are some examples of the “relationship of trust” element?

The “relationship of trust” is a major component in embezzlement cases, differentiating it from other theft-related offenses. This relationship starts when the owner of the property entrusts it to someone based on confidence and reliance. Examples include:

• Employer-employee relationship: An employer entrusts an employee with access to company funds or property.
• Agent-principal relationship: A principal grants an agent authority to manage assets or conduct transactions on their behalf.
• Corporate officers: Directors or officers of a corporation are entrusted with the organization’s property and finances.

In each scenario, the entrusted individual has lawful access to the property due to the trust placed in them.

Speak With Attorney Johnson About Your Federal Defense Needs

Contact our Sacramento office to discuss your embezzlement case and learn more about our legal services. You can schedule an appointment with Mr. Johnson by calling 916-248-8598 or toll free at 866-974-4316. You may also send us an email for a response by the following business day.