In the world of white-collar crime, embezzlement holds a notorious spot, blending the quiet betrayal of trust with the overt act of theft. Embezzlement cases weave through the legal system with a complexity that mirrors the intricate methods employed to misappropriate funds or property. 

Drawing from a wealth of experience in both prosecution and defense, Bernal Law specializes in navigating the intricacies of such cases. Our approach emphasizes a deep knowledge of criminal law, an understanding of the prosecution’s tactics, and a commitment to defending clients’ rights and freedoms. Feel free to contact Bernal Law for support with your embezzlement case. We can assist you in building a solid defense to reduce your odds of conviction or severe penalties.

Evidence Required for a Conviction of Embezzlement

There are four essential elements that must be present to convict anyone of embezzlement during litigation. These elements are broken down into the following:

Fiduciary Relationship

This is a relationship between the victim of the embezzlement and the perpetrator, meaning one party trusts the other to handle their money, property, or some other valuable asset. While a cashier and a customer do not form a fiduciary relationship, more formal relationships do. These include relationships between bankers and clients, financial advisers and their clients, and similar connections.

Acquired Property Through the Relationship

After forming a fiduciary relationship, the perpetrator must receive property or money due to the existence of the connections. This may mean that one individual has given the other legal access to their property.

Property is Transferred

After property or money has been acquired, the perpetrator transfers that property to themselves. This may mean that the funds were transferred to a different account the owner does not have access to, funds were used in a way that the owner did not approve, or something similar. 

For example, an adviser may have clearance to trade stock with the owner’s money but not to purchase lunch with the funds. The property must be converted in a way that would benefit the perpetrator.

Intentional Actions

The perpetrator must have intentionally transferred the property to themselves on purpose, intending to be fraudulent. This means that mistakenly transferring property to themselves does not qualify as embezzlement. If the owner of the property gives clearance to transfer the property, the accused believes the property has been given to them, or something similar, this is not embezzlement.

Overall, the legal language clearly defines embezzlement. It’s possible to argue that you are not guilty of embezzlement if there is not strong evidence for all four elements. However, it is challenging to defend yourself against these charges alone. A lawyer from Bernal Law can support you in many ways throughout this process, so we encourage you to contact us instead of representing yourself. 

Retain a Bernal Law Embezzlement Defense Attorney: Allow Us to Fight for the Protection of Your Rights

Understanding the elements necessary for an embezzlement conviction is crucial, whether you’re facing charges or believe you may be a victim. Bernal Law is equipped to guide you through the intricacies of California’s legal system, ensuring your rights are protected. With a comprehensive approach to criminal defense, our experience in embezzlement cases is unparalleled. 

Led by Attorney Pedro Bernal, we are fluent in English and Spanish. We want you to feel comfortable and confident while speaking with us. If you need legal assistance or have questions about embezzlement cases, don’t hesitate to contact us. You can call us at (619) 736-9092 or through our contact form. We’re here to offer the support and legal expertise you need to navigate these complex issues.