Embezzlement

Oklahoma City Embezzlement Defense Attorney

An Oklahoma embezzlement defense attorney provides comprehensive legal protection for anyone accused of misappropriating or unlawfully converting money or property entrusted to them. Phillips & Associates offers expertise in complex white-collar crime litigation, with a track record of success defending clients in both state and federal courts. The firm has the resources to handle intricate financial investigations involving businesses, public agencies, and nonprofit organizations. Our criminal attorneys sort through challenging evidentiary issues, overlapping financial records, and allegations of dishonest financial conduct, ensuring every client gets a strong legal defense.

Oklahoma prosecutors aggressively pursue embezzlement cases, especially those involving large sums of money, vulnerable victims, or violations of the public trust. A conviction on charges of embezzlement may lead to restitution orders, fines, and imprisonment under Title 21 §1451 of the Oklahoma Statutes, depending on the value of the property or funds involved. Embezzlement defense lawyers in Oklahoma City approach each case by conducting thorough financial analyses, reviewing accounting data, tracing the flow of money, and examining employer records to identify weaknesses in the prosecution’s claims.

Attorneys collect crucial evidence such as bank statements, transaction histories, employment contracts, audit trails, and communications between parties. Phillips & Associates, offer flexible fee arrangements, ensuring access to high-quality representation regardless of financial circumstances. The success of an embezzlement defense strategy depends largely on proving what the accused intended, because intent is what separates a crime from an honest mistake, poor management, or a contract disagreement.

If you have been accused of a embezzling, it is critical that you take swift action to defend yourself against the charges. Your first step is securing legal counsel and defense representation. The criminal defense law group of Phillips & Associates has established a reputation as one of the leading law firms in Oklahoma, representing defendants in criminal cases in Oklahoma City and across the state, in state and federal courts. We continually demonstrate successful white collar crimes defense, obtaining dismissals and acquittals for many of our clients.

When you are charged with embezzling, your personal and professional reputation is at stake. A criminal conviction can cost you your career, your financial stability, and your freedom. Call today to speak with a lawyer who can help you resolve your situation quickly and effectively.

What Are Oklahoma's Embezzlement Laws?

The word “embezzlement” conjures images of complicated, high-dollar financial schemes, but the actuality can be much less extreme. While it can certainly involve pilfering hundreds of thousands of dollars from a large corporation, it can also include taking smaller amounts--skimming from the cash register or stealing office supplies.

By definition, it is “the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose” (21 O.S. § 1451). In other words, if you have been entrusted with the property or funds of another person, organization, company, or entity, and you use that money or property in an unintended or unauthorized manner, you may be charged.

Potential crimes include falsifying deposits, writing checks from the employer’s or agency’s accounts to one’s personal accounts, using a company credit card or bank account for personal purchases, underreporting income, creating false invoices and pocketing the payments, over-billing customers and keeping the difference, and other actions in which funds or property intended for or belonging to the company or organization are misappropriated by the individual charged.

Though embezzlement is stealing, the distinction is made because the accused actually has a right to handle the accounts and money from which he or she is stealing; however, using that money or property in an unauthorized manner or appropriating it for personal use is illegal.

In general, prosecution must prove four elements to obtain a conviction:

  • There is a fiduciary relationship between the defendant and the victim.
  • The financial relationship allows the defendant to have access to the money or property in question.
  • The defendant illegally assumed ownership, or misappropriated for personal use, the money or property in question.
  • The defendant’s illegal misappropriation or assumption of ownership was intentional.

Embezzlement is generally prosecuted as a state crime, but may fall under federal jurisdiction in certain circumstances. For example, it is a federal offense if the victim is the United States government or its agencies or a federally-insured bank.

As a statutory offense in Oklahoma, it carries criminal penalties that vary depending on the nature of the crime and the value of the stolen funds or property:

  • Property valued at less than $500 is a misdemeanor punishable by a maximum fine of $1,000 and/or up to one year in county jail.
  • Property with a value of at least $500 but less than $1,000 is a felony punishable by a maximum fine of $5,000, up to one year in county jail, and restitution to the victim.
  • Property with a value of at least $1,000 but less than $25,000 is a felony punishable by a maximum fine of $5,000, up to five years in state prison, and restitution to the victim.
  • Property valued at $25,000 or more is a felony punishable by a maximum fine of $10,000, up to ten years in state prison, and restitution to the victim.
  • If the perpetrator is a county or state officer or a deputy or employee of the officer, the penalties are enhanced. This type of of crime is a felony punishable by one to ten years in prison, a fine of triple the amount of the value of stolen property, and restitution to the victim.

Fines, restitution, and imprisonment are the legal consequences of criminal conviction. Personal consequences include a shattered professional reputation, strained personal relationships, and a criminal record that can jeopardize your ability to find a job, get an education, and secure a financial loan. A felony conviction, even for a non-violent felony, carries collateral consequences that impact your right to vote, your right to bear arms, and your ability to obtain or keep certain professional licenses.

When you have been accused of embezzling from a company or organization, finding experienced legal counsel is essential for a successful outcome. When employers and prosecutors are out to get you, we are on your side, fighting for your rights and interests. Call Phillips & Associates today for a confidential, no-risk evaluation of your case.

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