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.