Facing embezzlement charges in Massachusetts is a serious matter that can lead to prison time, hefty fines, and restitution payments to victims. Embezzlement, legally known as larceny by embezzlement, involves the misappropriation of assets entrusted to an individual.
If you’re under investigation or have been charged with embezzlement, it’s crucial to act quickly.
Contact our experienced Massachusetts embezzlement defense lawyer today for a free consultation.
Understanding Embezzlement in Massachusetts
What Is Embezzlement?
Under Massachusetts General Law Chapter 266, Section 30, embezzlement is defined as the intentional misappropriation of assets entrusted to someone by another party. It differs from standard larceny because the individual initially has lawful possession of the property.
Key Elements of Embezzlement:
- Entrusted Property: The defendant was entrusted with personal property, such as cash, checks, stocks, deeds, contracts, or any item of value.
- Unlawful Conversion: The defendant took the property for personal use without the owner’s permission.
- Intent to Deprive: The defendant intended to permanently deprive the rightful owner of their property.
Example: An employee authorized to handle company funds diverts money into their personal account.
Penalties for Embezzlement
Standard Penalties
The severity of penalties for embezzlement in Massachusetts depends on the value of the misappropriated property:
- Property Valued Under $250 (excluding firearms):
- Imprisonment: Up to 1 year in a house of correction
- Fine: Up to $300
- Property Valued Over $250 or Involving Firearms:
- Imprisonment: Up to 5 years in state prison or up to 2½ years in a house of correction
- Fine: Up to $25,000
“Penalties can include substantial prison time and significant fines.”
Enhanced Penalties for Elderly or Disabled Victims
Massachusetts imposes harsher penalties when the victim is over 60 years old or has a disability:
- Property Valued Under $250:
- Imprisonment: Up to 2½ years in a house of correction
- Fine: Up to $1,000
- Property Valued Over $250:
- Imprisonment: Up to 10 years in state prison or up to 2½ years in a house of correction
- Fine: Up to $50,000
- Restitution: Mandatory payment to the victim
Examples of Embezzlement Crimes
Embezzlement can occur in various ways. Here are some common examples:
- Forged Payments to Vendors: An employee forges vendor invoices and diverts payments to themselves.
- Overcharging or Double Billing Vendors: Excess charges are skimmed off and kept by the employee.
- Misuse of Company Credit Cards: Personal expenses are charged and concealed through altered accounting records.
- Payroll Fraud: Creating fake employees or falsifying overtime to collect extra pay.
- Expense Reimbursement Fraud: Submitting false expenses or “double dipping” by charging the company twice.
- Kickbacks from Vendors: Receiving unauthorized benefits in exchange for business favors.
- Skimming Cash Receipts: Pocketing cash by voiding transactions or manipulating records.
Trade Secrets Embezzlement Charges
Embezzlement isn’t limited to financial assets; it also includes the theft of trade secrets.
What Are Trade Secrets?
Trade secrets encompass:
- Scientific discoveries
- Processes and formulas
- Designs and inventions
- Production methods
- Management techniques
Examples:
- Sharing Proprietary Formulas: An employee provides a competitor with a company’s secret formula.
- Selling Confidential Designs: A contractor sells design plans to a rival firm.
- Using Company Code for Personal Gain: An IT employee develops a personal product using company-owned software code.
Penalties:
- Imprisonment: Up to 2½ years in state prison or up to 2 years in jail
- Fine: Up to $25,000
Experienced Massachusetts Embezzlement Defense Lawyers
When your future is at stake, you need a legal team with a proven track record.
Our Commitment to You:
- Expertise in Embezzlement Cases: We have successfully defended numerous clients facing embezzlement charges.
- Personalized Defense Strategies: We tailor our approach to the specifics of your case.
- Aggressive Representation: We fight tirelessly to protect your rights and achieve the best possible outcome.
Your future is too important to leave to chance. Let us defend you.
How Riccio Law Can Help You
Our Approach
- Comprehensive Case Review: We examine all evidence to identify weaknesses in the prosecution’s case.
- Protecting Your Rights: We ensure that your legal rights are upheld throughout the process.
- Negotiation Skills: We work to reduce charges or secure alternative sentencing options.
- Courtroom Advocacy: We represent you aggressively in court, presenting a strong defense on your behalf.
Don’t navigate this challenging time alone. We’re here to help.
Frequently Asked Questions
What should I do if I’m accused of embezzlement?
Contact an experienced criminal defense attorney immediately. Do not speak to law enforcement or anyone else about the case without legal representation.
Can embezzlement charges be reduced or dismissed?
Yes, depending on the circumstances and with a strong defense strategy, it’s possible to have charges reduced or even dismissed.
What are the long-term consequences of an embezzlement conviction?
Convictions can result in imprisonment, fines, and a permanent criminal record, which can affect future employment and personal opportunities.
Contact Us for a Free Consultation
Take the First Step Toward Protecting Your Future
Facing embezzlement charges is overwhelming, but you don’t have to face it alone. Our experienced white collar crime attorney is ready to defend your rights.
Contact Us Today:
- Phone: (617) 404-8878
- Address: 1147 Hancock Street # 212 Quincy, MA 02169
We’re available 24/7 to take your call. Schedule your free consultation now.
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