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The burden of proof for embezzlement charges

On Behalf of | Sep 21, 2015 | Embezzlement

Of course, any allegations involving embezzlement should be taken seriously. Regardless of whether investigators have already arrested and charged you or whether you are simply under investigation, you need an attorney as soon as possible. This type of white collar crime can do serious damage to your reputation, even if you are found innocent of the charges. Damage control should begin immediately and the person best qualified to assist you with this is your attorney.

For the record, embezzlement occurs when a person in a position of authority or trust takes assets that do not belong to him or her. Most embezzlement happens in an employee/employer relationship. Often, the defendant has access to property or assets and then is accused of misappropriating the property for his or her own gain.

As with all criminal cases, the burden of proving embezzlement lies with the prosecution. This means the prosecutor must prove a few things before a person can rightfully be convicted of embezzlement. The prosecutor is charged with proving the following elements beyond a reasonable doubt:

— A fiduciary relationship existed between the defendant and any other involved party

— The defendant acquired the specified property through the existing relationship

— The defendant transferred the property to another or took ownership of the property

— The defendant acted with intent

Burden of proof is a key factor in cases involving embezzlement. If the prosecution cannot prove the charges placed against the defendant, the person charged will likely go free. This is why choosing the right attorney is crucial in successfully challenging allegations of white collar crimes.

The Goldberg Law Firm based in the Cleveland, Ohio area has an excellent reputation of fighting for the rights of those facing white collar crimes. You can learn more about building a strong defense by visiting the law firm online.


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