A federal embezzlement conviction can lead to harsh penalties. Prosecutors take these cases seriously, a fact that is reflected in the prison sentences, monetary fines, and other consequences that typically result from being convicted.
If you are facing federal embezzlement charges in New York, your future could be in serious jeopardy. Hiring an experienced criminal defense firm is one of the most important steps you can take in protecting your rights and interests. Carden Dotzler Hammond, PLLC takes a look.
When Is Embezzlement a Federal Case?
Embezzlement occurs when someone entrusted with property fraudulently takes it. It becomes federal when the property belongs to the U.S. government or the specific facts of the case otherwise fit under a federal statute, as with embezzlement of bank funds.
Federal embezzlement therefore involves embezzling anything of value that belongs to an agency or department of the federal government. There is no single federal embezzlement statute. Rather, any one of several different laws may apply:
- 18 U.S.C. § 641: Concerning the embezzlement of federal money, property, or records.
- 18 U.S.C. § 656: Applies to officers or employees of federally insured banks and other financial institutions who embezzle bank funds.
- 18 U.S.C. § 657: Embezzlement that involves federal lending and credit institutions.
- 18 U.S.C. § 664: Embezzling from federal employee benefit plans, like pensions.
- 29 U.S.C. § 501(c): Applies to union officers or employees who embezzle labor union funds.
Embezzlement doesn’t automatically become federal simply because a large amount of money is stolen. Instead, it must meet the elements of a federal statute. Often, prosecutors will charge a number of related crimes like wire fraud, mail fraud, and bank fraud as well.
Possible Sentencing in a New York Federal Embezzlement Case
New York is a major financial and banking hub, which means that federal prosecutors routinely handle embezzlement cases. In an effort to protect investors, bank customers, and the general public, prosecutors often seek severe punishments in these crimes.
The actual penalties will depend in part on the specific statute under which you are charged and convicted. If you are convicted under some of the most commonly charged statutes, like those listed above, you could be facing the following:
- Imprisonment: Maximum prison sentences generally range from 5 to 30 years. In less serious cases, involving smaller sums of money, the maximum prison sentence might be one year.
- Fines: Monetary fines often range from $250,000 up to $1 million. But even in a relatively less serious case, you could be fined up to $100,000.
- Restitution and forfeiture: Anyone convicted can also be forced to repay victims and, in some cases, forfeit assets that are connected to the crime.
- Supervised release: Upon completion of your prison sentence, you may be subject to supervised release, often for a period of one to five years.
- Court costs and other assessments: These vary from case to case.
All of these penalties are highly dependent on the unique facts of an individual case. For instance, the prison sentence depends on such factors as the amount of money embezzled, whether the defendant has a prior criminal record, and the number of victims involved.
You are likely to face harsher consequences if your embezzlement involved the abuse of a position of trust (e.g., you were a trustee who embezzled trust funds), your embezzlement scheme was highly sophisticated, or you deliberately obstructed an investigation.
Can a Criminal Defense Lawyer Help Me?
While the potential repercussions of a federal embezzlement conviction are clearly significant, you still have the right to defend yourself. Regardless of the nature of the charges or the evidence against you, it’s vital that you speak with a Syracuse federal criminal defense lawyer.
Your lawyer can determine which specific embezzlement statute you are charged under, explain what the prosecution is required to prove under that statute, and develop a defense. One possible strategy is showing that the prosecution cannot meet its burden of proof.
A related defense is to consider the weaknesses of the prosecution’s evidence, including evidence that is inadmissible in court. Insufficient, unreliable, and contradictory evidence, including from witnesses, could be a vulnerability in the prosecution’s case.
In some cases, there is no evidence of an intent to steal. Other cases involve a lack of federal jurisdiction, for instance if the U.S. government did not actually own the property in question. You may also have procedural or constitutional grounds on which to challenge the charges.
Act Now to Protect Your Rights and Freedom
Considering there is so much on the line with a conviction for embezzlement, you cannot afford to fight federal prosecutors on your own. Turn to the New York legal team who knows how to level the playing field and seek the best outcome for your case. Connect today with CDH Law.