If you face embezzlement charges, the legal consequences could be severe, so it is important to hire an experienced criminal defense attorney. Depending on the value of funds at issue, prosecutors may charge you with a felony. It is crucial to contact a Chicago embezzlement lawyer as soon as possible to help you with your defense.

State Embezzlement Laws

Under Illinois law 720 ILCS 5/16, prosecutors do not have a separate embezzlement statute. Instead, they prosecute the crime under general theft statutes or laws that apply to financial crimes. In embezzlement, you unlawfully take property or funds that someone else has entrusted to you.

To convict you of embezzlement, the prosecutor must prove the following elements:

  • You had lawful possession or control of the property or money at the time
  • You knowingly and intentionally converted, used, or disposed of the property for your own benefit without the owner’s consent
  • You intended to deprive the rightful owner of the property permanently or for an extended period
  • The property involved belongs to someone other than you

The value of the property that you allegedly took determines the punishment for an embezzlement conviction. If the amount at issue is over $500, embezzlement becomes a felony charge with potential for additional jail time. If the amount is more than $10,000, the charge becomes a second-degree felony, which could carry a jail sentence of up to seven years. Engaging a local attorney in Chicago to represent you against misappropriation charges is vital.

Federal Embezzlement Laws

Federal embezzlement charges involve theft of federal government funds or property. It occurs when you have lawful access to the U.S. government’s money or assets and use them for personal gain.

The laws against federal embezzlement cover theft or embezzlement of public funds, property, or records as per 18 U.S. Code §§ 641–667.

If a court convicts you of a federal embezzlement charge, the potential sentence is 10 years in prison and fines of $250,000, depending on the amount embezzled and the statute applied. For misdemeanor embezzlement charges under $1,000, the maximum sentence is one year. A knowledgeable Chicago attorney could provide support in your defense against an embezzlement charge.

Defenses to Embezzlement Charges

Defending against embezzlement charges often involves challenging one or more key elements that the prosecution must prove. A common defense is lack of intent, demonstrating that the accused did not intend to permanently deprive the owner of the property but may have had permission to use it temporarily.

Ownership dispute is another defense. Your embezzlement lawyer could argue that the property belonged to you and that you had rightful possession of the item in question. Mistaken use or accounting errors may also create doubt in the minds of jurors and judges.

Price Benowitz has also successfully argued that no fraudulent conversion occurred, indicating that the property was not used for personal gain. In some cases, it is possible to claim the use of duress or coercion as a defense. If someone forced you to commit the act of embezzlement, this defense may apply. Since embezzlement cases often involve complex financial details, it is important to hire a lawyer in Chicago who is well-versed in handling similar cases of fund misapplication in order to develop an effective defense strategy.

How Could an Embezzlement Lawyer Help?

You could expect a Chicago attorney skilled in handling fund misappropriation cases to:

  • Explain your rights and the legal process for embezzlement cases
  • Carefully strategize your defense plan options
  • Contest any evidence, statements, or actions in court that infringe on your rights
  • Negotiate an optimal plea bargain to achieve a mutually beneficial outcome

Having the guidance of a seasoned legal professional can provide you with peace of mind and ensure your case is handled with care every step of the way.

Contact a Chicago Attorney for Help With Embezzlement Charges

Whether you are facing federal or state embezzlement charges, Price Benowitz could prepare a strong defense with effective rhetoric, thorough research, and skilled negotiation. The firm has handled numerous cases involving siphoning and misappropriation of funds, as well as related charges–such as wire fraud, mail fraud, bank fraud, forgery, money laundering, conspiracy, and perjury.

Contact a Chicago embezzlement lawyer at our firm today for a free case evaluation and to understand your legal options and rights.

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