The former individual who was in charge of the United Dairy Workers of Le Mars faces federal embezzlement charges. The individual is accused of taking more than $45,000 while the individual served as president of the organization that represents many employers of Wells Enterprises. Charged with one count of embezzlement and theft of labor union assets, the individual entered a guilty plea and then bonded out of jail.
Federal Law Regarding Embezzlement
The act of embezzlement occurs when someone who is entrusted with property takes the property for him or herself. Federal charges of embezzlement frequently include large amounts of money or property that was taken by an individual. Federal embezzlement charges can also arise if an individual takes the property of the government. Federal law addresses particular types of embezzlement including the theft of government property, embezzlement by bank officers, or embezzlement in connection to health care. Federal embezzlement can also include stealing property from the Internal Revenue Service, the Social Security Administration, the United States Postal Service, or any other type of federal government agency.
Resulting Penalties for Embezzlement
Being charged with federal embezzlement can result in individuals facing particularly severe charges. Individuals who are found guilty of embezzlement under federal law can face fines of up to $1 million as well as restitution, which is a type of compensation that individuals must pay to the damage party. Additionally, federal embezzlement crimes can result in individuals facing up to 30 years in prison. Being charged with embezzlement can be particularly severe and individuals frequently require the assistance of skilled legal counsel to respond to such charges.
Potential Defenses to Embezzlement
There are fortunately several ways in which individuals are able to respond to charges of embezzlement, which include:
- Failure to Demonstrate Specific Intent. Prosecution must demonstrate that an individual had the specific intent to commit embezzlement. Individuals are often able to create a success if it can be demonstrated that law enforcement has not proven this specific intent requirement.
- Mistake of Fact. Individuals are often able to raise successful defenses if it can be demonstrate that the individual could have reasonably believed that the property in question actually belonged to him or her.
- Reliance. Another type of common successful defense to embezzlement charges is arguing that an individual relied on the advice of an expert including a lawyer. This type of defense relies on proving that the individual did not possess specific intent because the conversion of the property was conducted on advice that was detrimentally relied on by the individual.
Benefit from the Assistance of a Skilled Decatur Criminal Defense Lawyer
When individuals are charged with federal embezzlement, it is common to feel overwhelmed and uncertain about how to continue. It is almost always a wise idea to immediately retain the assistance of skilled legal counsel who can help create a strong defense strategy. Contact the Federal Criminal Law Center today by calling the firm at 404.633.3797.or completing an online form.