The act of embezzlement can range from a straight forward and transparent bank transaction directly into the suspects own account, to a premeditated scheme using complex smoke screens to evade detection.
We have acted for clients who have been looking after their elderly or infirm relatives finances when they have fallen into financial debt and taken money from the relatives account for their own benefit. In the absence of express or implied consent from their relative, this is a classic case of embezzlement.
At the other extreme, we have acted for corporate clients who have been charged with elaborate schemes taking months to investigate. Such cases are a source of worry and anxiety for our corporate clients who face calamitous consequences, including the loss of their company or directorship, and the loss of their family and their liberty, in the event of conviction.
It is a serious crime of dishonesty due to the breach of trust element. The crime is triggered when someone entrusted to manage money or property, appropriates all or part of it for their own personal gain.
The crime is achievable by the suspect because he or she has been given access or authority by the owner to transact on their behalf, making it easy for them to misappropriate funds for their own benefit.
Do not delay, time is vital in order for us to properly examine the evidence against you and investigate many other aspects in order to create your strongest legal defence.
Our expertise in defending embezzlement allegations have saved a multitude of clients from serving long jail sentences. Call our national helpline 0800 567 7810 now or our local numbers. Alternatively, complete a contact form or request a call back.
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If you are being investigated for, or suspected of an act of embezzlement, please contact our offices immediately, to speak to one of our senior solicitors, who can provide you with instant advice, attend a police interview, and tailor a bespoke service to best tackle the allegations made against you.
Very often the Crown are unable to prove embezzlement cases to the standard required for a conviction. We are experts in analysing complex and voluminous evidence often seen in embezzlement cases, and identifying deficiencies in the Crown case.
We have acted for clients who have been wrongfully implicated in complex acts of embezzlement, where the actual perpetrator has stolen our client?s identity for the purpose hiding their own.
The court has a full range of sentences available to it when imposing a sentence for an embezzlement charge. If prosecuted in Scotland, on a summary complaint in the Sheriff Court, the maximum sentence is 12 months imprisonment. If prosecuted on indictment, which means in a sheriff and jury court, the maximum sentence is 5 years imprisonment.
There is a whole range of alternative sentences available, such as a community payback order (unpaid work), a restriction of liberty order ( a tag), a probation order, and a monetary penalty (a fine).
The Court will require to take into account many different factors. These can be broadly be divided into 3 categories:
1.Variable factors
The amount of money or property embezzled will have a direct affect on the type of sentence, and the extent to which it is imposed. For example, an embezzlement of over £100,000 will almost always result in a term of imprisonment, regardless of any of the other factors stated below. Occasionally, a jail sentence can be avoided but that would be the exception to the rule.
The period over which the embezzlement was committed is also relevant. Clearly the longer the period the worse the offence. Tied into this is how the offence came to an end. If it only stopped because the embezzlement was discovered that would be an consideration to be taken by the court, as would conversely if an accused stopped himself and later confessed the offence.
The nature of the trust that has been betrayed is also relevant. If the accused is solely entrusted by the owner or company and has complete autonomy over the movement of the funds for example that would be considered adversely against an accused.
The nature and vulnerability of the trustor is also relevant. For example, if the trustor was a child, or was otherwise incapable of looking after their own affairs, that would be taken into account in sentencing, as it would if the trustor was a charity. In these circumstances a special or heightened level of trust exists which makes the offence more serious.
Whether the nature and extent of the embezzlement calls for a deterrent sentence of imprisonment to be imposed.
The consequence of the embezzlement on the victim. For example, if a business has been forced to cease trading, or the quality of the victim?s life has been badly affected.
2. Aggravating circumstances.
These are circumstances which would increase the level of sentence. Examples of these are:
Where an accused has previous convictions for crimes of dishonesty.
Where the money or property embezzled, was taken out of greed, and is non-recoverable from the accused, and where there has been no effort or intention to pay any of it back.
Where the accused held a public office or was employed in a professional capacity.
3. Mitigating circumstances
An early plea of guilty will reduce the severity of the sentence, more so where it saves the crown resources in preparing the case, and the court time in having to hear the trial.
The above factors are some but not all circumstances that will affect the sentence. Mitigating a sentence before a court is an art form, and can make all the difference to the sentence imposed by the court. We are often told that the court was considering a term of imprisonment from the outset, and but for the fact that we were able to persuade the court not to impose such a sentence, an accused would have been sent to jail.
Criminal Defence Solutions are excellent court pleaders, and our expert solicitors in this field know exactly what elements can make a significant difference to the sentence imposed by the court, in the event that a conviction is inevitable.
We are happy to provide you with an initial consultation, free of any charge, to formulate the best strategy to extricate you from an embezzlement allegation. We can determine whether you have a defence to the charge, or whether our focus should be on reducing the sentence as much as possible.
We are happy to provide you with an initial consultation, free of any charge, to formulate the best strategy to extricate you from an embezzlement allegation.
Don't delay! You can Contact us by form or by phone on 0800 567 7810 to find out what can be done.