These terms, fraud, criminal embezzlement and heft are another way of
saying you are accused of stealing. Stealing can be taking money
from the company which your boss may even authorize for personal
matters. It can be making checks out for cash when they should
not be. And it can be having credit cards in the company name
which you are not authorized to do. It can be turning back auto
odometers.
In state courts prosecutors are generally more concerned with
prosecution of violent, drug and sex crimes more than thefts, so
often restitution is often enough to reduce the sentence.
In Federal court these same crimes are much more
serious because it is often harder to avoid jail time. And the
U.S. Attorney loves to charge everyone with conspiracy, which
makes even the lowest level conspirator potentially liable for
the entire amount stolen, even if he does not know how much is
actually stolen, or did not take part in all of it.
Getting all the facts is necessary to doing a proper defense.
Trying to convince the U.S. Attorney prior to indictment of your
lesser role is often key to avoiding jail. Sometimes it is
enough to avoid a conviction.
DON'T GIVE UP!
My client had been investigated by the U.S. Attorney for
mail and wire fraud - company funds had been diverted to
private use. We sat down with the U.S. Attorney and
reviewed the facts. My clients walked out without even
being charged!
