San Diego County White Collar Crime Attorney
Embezzlement cases are tricky because oftentimes the accused has not misappropriated
any money from the company or the individual and is being made the scapegoat
for the misdeeds of others. Even in those cases where the accused has
misappropriated money from a company, the company accounting is faulty
and has greatly overstated the amount of loss for insurance purposes.
Where a person is under investigation for embezzlement, but no charges
have yet to be filed, sometimes restitution (if an accurate amount can
be determined) can be arranged with the company with an agreement by the
company that they will not seek criminal prosecution. Of course, this
presupposes that the accused person
did in fact misappropriate the money, and the amount of loss, as determined
by the company, is accurate, which it often is not.
Obviously, it is critical for someone under investigation for embezzlement
to seek counsel immediately, as the accused person will need competent
counsel to deal with the company accuser and, if necessary, the police.
A person under investigation for this type of crime is usually under a
great deal of stress, and would be very vulnerable in dealing with these
adverse entities on their own.
Additionally, someone under investigation for embezzlement is subject to
having their bank accounts "frozen" on the theory that any monies
possessed by the accused embezzler is "dirty" money, i.e., the
illegal proceeds of their misappropriations. The freezing of bank accounts
can occur well before any criminal charges are filed and can effectively
hinder the accused person's ability to make restitution.