Penal Code Section 503 defines Embezzlement as taking of property or money by one to whom it has been entrusted.  The theft charge of embezzlement can be charged as a felony or misdemeanor with sentences ranging from summary probation to lengthy state prison terms.  Embezzlement is considered a White Collar crime.  As such, we see many cases where executives have been charged when funds belonging to a corporation or other business entity have been allegedly misappropriated.  Other examples crimes charged as embezzlement are when a bookkeeper issues checks to himself/herself or pays personal bills and keeps the transactions hidden or when caretakers of the elderly have checks written to them and the issuer alleges that the payments were not authorized (often filed as Elder Abuse as well).

Our criminal defense attorneys have successfully defendant embezzlement over the years.  Often, the person accused of embezzlement did not do anything wrong.  There have been a few instances that the alleged criminal activity was a just a case of the accused simply following orders and the real wrongdoer is the alleged victim of the crime.  Other times, the amount embezzled is significantly less than alleged in the criminal complaint.  Recently, our office encountered a case where a prominent plastic surgeon was asking his employees to cash client checks that he then kept “off the books.”  Subsequently, when one employee embezzled a small amount of money, the Doctor called the police who dutifully investigated the case and asked about all the “cashed checks.”