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Sevierville, Tennessee Embezzlement Criminal Defense Lawyers
Aggressive representation for Tennessee defendants charged with embezzlement
In Tennessee, conduct considered embezzlement is usually prosecuted as theft under the consolidated theft statutes. Sometimes, cases may be charged under one of several federal embezzlement or fraud statutes or other related Tennessee offenses. Embezzlement is considered a white-collar crime because those who commit it typically have direct access to money or property and the authority to obtain it. Embezzlement is a breach of trust. Company employees, corporate officers, trustees, and government officials are among the typical defendants in embezzlement cases. Some embezzlements are obvious. Others include complicated fraud and deception, Ponzi schemes, and other deceptive acts.
Bryan E. Delius, a Sevierville embezzlement lawyer, has more than 20 years of experience fighting for the accused. He understands the fear defendants have of losing their freedom, suffering severe financial loss, and damage to their reputation. Delius, McKenzie & McCarter, guides clients through the arraignment, hearings, negotiations, and jury trials. We work tirelessly for just results, which can include having the charges dropped, reducing the charges, or obtaining an acquittal. Results depend on the facts and law of each case, and no outcome is guaranteed.
Delay can lead to the loss of evidence and statements, which can harm the defendant’s case. Call us today and put your trust in our experienced Sevierville embezzlement lawyers.
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What are the key elements of embezzlement?
Embezzlement is a unique form of theft. It can take place in an instant, such as when an employee who is entrusted with handling or managing company funds misappropriates those funds for personal use. It can also occur over time, such as when an accountant takes money on a monthly basis from a pension fund over several years.
Understanding the criteria for embezzlement is one of the first steps Sevierville embezzlement attorneys take in preparing a defense. While Tennessee prosecutes embezzlement-type conduct under its theft statutes rather than as a separate offense, courts often analyze these cases using concepts historically associated with embezzlement, such as breach of trust.
Historically, courts have described the following concepts when analyzing traditional embezzlement cases:
- A fiduciary relationship.This means the person who took the money or property was entrusted with the asset by another person, organization, or company.
- Acquisition through the fiduciary relationship. This factor requires that the position of trust enables the taking of the asset. It is the fiduciary relationship that allows the wrongdoer to seize the asset as opposed to the use of force, illegal entry, or some other means.
- A transfer.A wrongful conversion or misapplication of entrusted property must take place. The defendant must intentionally use or control the property for their own benefit or someone else’s, in a way that violates the trust placed in them (even if legal title never formally changes).
- An intentional act.The defendant must have intended to transfer the asset through the fiduciary relationship. Negligence or the act of another, without the defendant’s knowledge, is not enough to prove embezzlement intent.
Tennessee law treats conduct historically called ‘embezzlement’ as a form of theft and prosecutes it under its theft statutes. To convict someone of theft of property, the State must prove that the person, with intent to deprive the owner, knowingly obtained or exercised control over the property without the owner’s effective consent.
Federal and Tennessee state embezzlement law
One common federal embezzlement statute is 18 U.S.C. § 656, which covers theft or embezzlement by officers and employees of certain financial institutions. Other federal statutes may apply depending on the facts. A person in Sevierville, Gatlinburg, or Pigeon Forge could face charges in federal court under one of several federal embezzlement or fraud statutes, or in Tennessee state court under the theft statutes (and, for public officials, sometimes related misconduct statutes).
Federal cases have different rules, different judges, and draw their jury panels from different jury pools than state courts. Our experienced Sevierville embezzlement attorneys at Delius, McKenzie & McCarter have the skills to try jury cases in both federal and state courts.
What are the penalties for an embezzlement conviction?
The penalties for embezzlement depend on the specific statute that is the basis for the criminal charge.
Depending on the amount involved and other statutory factors, according to 18 U.S.C. § 656, a person can be imprisoned for up to 30 years and/or fined $1,000,000. If the amount involved is $1,000 or less, the penalty can be up to one year.
Tennessee typically uses its theft statute to charge defendants with crimes that involve embezzlement. Generally, Tennessee classifies theft crimes based on the amount involved. Crimes can be classified as a Class A misdemeanor, or a Class E, D, C, B, or A felony. The lawyers at Delius, McKenzie & McCarter can explain what classification and penalties apply to your charge.
What defenses do you assert in embezzlement cases?
Defendants in all criminal cases, including embezzlement cases, have rights established by the Fourth, Fifth, and Sixth Amendments to the US Constitution. These include the right to a speedy, public, impartial trial and the right to confront witnesses in court. The Constitution also protects defendants against unreasonable searches and seizures and gives defendants the right not to incriminate themselves.
In embezzlement cases, Delius, McKenzie & McCarter also works to show that one or more of the key elements of embezzlement cannot be proved beyond a reasonable doubt. Some of the defense strategies a skilled Sevierville embezzlement attorney argues are that there was:
- No fiduciary relationship. Where the prosecution relies on breach-of-trust theories, we may argue that no fiduciary or trust-based relationship exists. The less authority or discretion an employee had over money or property, the less likely a fiduciary relationship can be established. For example, an elected government official is more likely to be considered a fiduciary than a clerical employee. When appropriate, we argue that the job description and actual duties did not create a fiduciary relationship.
- No intent.Our office may be able to show that you acted under an honest claim of right or an honest belief that you had the right to the property, which Tennessee law recognizes as an affirmative defense to certain theft charges. We may argue that the intent was to return the item. How the asset was seized is often a determining factor. If an item was taken in secret, that suggests intent.
We may also assert that you acted under duress, that someone improperly pressured you to commit embezzlement. Duress may involve threats of violence to you or anyone in your family.
Do you have a Sevierville embezzlement defense lawyer near me?
Yes. We meet defendants charged with embezzlement at our Sevierville office located at 124 Court Avenue. If you’re in custody, we can arrange to meet you where you’re being detained. We also speak with defendants by phone and through online video.
At Delius, McKenzie & McCarter, we can explain how the criminal defense process works, answer questions, and fight for our clients.
Contact our accomplished criminal defense lawyers in Tennessee today
Delius, McKenzie & McCarter, represents anyone charged with embezzlement at every stage of their case. We represent clients in Sevierville, Gatlinburg, Seymour, Pigeon Forge, Greeneville, Bristol,