According to a 2018 Hiscox Embezzlement Study, about 85 percent of embezzlement cases were perpetrated by someone at managerial levels or higher. In Massachusetts, those convicted of embezzlement face potential penalties include lengthy jail time, substantial fines, and a criminal record, depending on the circumstances surrounding the case.
If you're under investigation for embezzlement or if you have been arrested and charged with embezzlement, it is crucial that you retain a highly skilled and aggressive Massachusetts criminal defense attorney to outline your defense strategy. McBride Law is dedicated to offering knowledgeable guidance and comprehensive representation to individuals facing embezzlement charges. Devin McBride will investigate the details of your case, fight aggressively to protect your rights, and ensure that you get fair treatment.
McBride Law is proud to serve clients in Quincy, Massachusetts, and the surrounding areas of Weymouth, Norwell, Hingham, Boston, and other communities throughout the state.
Embezzlement is a form of theft (larceny) or fraud that involves stealing money or property by a person in a position of trust or responsibility over such property or money. For example:
A caregiver taking finances and other property belonging to the elderly
Banker taking money from client's accounts
Financial advisors taking money from clients
Defrauding investors using a Ponzi scheme
An employee creating false bills and false vendors
A cashier failing to register the sale and pocketing cash
Massachusetts has various statutes that address embezzlement. Each embezzlement case is determined by the circumstances surrounding the situation. Here are some embezzlement laws under Massachusetts General Laws, Part IV, Title I, Chapter 266:
Whoever steals, conveys away, or conceals any furniture, goods, chattels, or merchandise of a person whose houses or buildings are on fire and doesn't return the property back to the owner shall be guilty of larceny (Section 23).
A person employed in the treasury of the commonwealth of Massachusetts who commits fraud or embezzlement therein shall be punished by a fine of up to $2,000 or life imprisonment (or for any term of years) in state prison (Section 50).
A county, city, or town officer who embezzles or fraudulently converts or takes a property which belongs to the county, city, or town, shall be punished by imprisonment in the state prison for up to 10 years or by a fine of $1,000 and up to two years in jail (Section 51).
An officer, director, trustee, agent, or employee of a bank, who fraudulently converts or takes any bullion, money, note, bill, or other security for money belonging to the bank or any other person shall be guilty of larceny. Punishable by imprisonment in the state prison for up to 15 years or by a fine of $2,000 and up to two-and-half years in jail (Section 52).
An agent appointed by the commissioner of banks for the purposes of liquidating the affairs of a bank, who embezzles or fraudulently converts or takes money, funds, credits, or other property in his or her possession by virtue of their appointment shall be guilty of larceny. Punishable by imprisonment in the state prison for up to 15 years or by a fine of $1,000 and up to two years in jail (Section 55).
A broker, or officer, manager, or agent of a corporation doing the business of brokers, who embezzles or fraudulently converts money, stock, or security that they were trusted with, shall be guilty of larceny. Punishable by imprisonment in the state prison for up to 5 years or by a fine of $500 and up to two-and-half years in jail (Section 56).
A trustee under an express trust created by a deed, will, or other instruments in writing, or a guardian, conservator, executor, or administrator, who embezzles or fraudulently converts money, goods, or property held or possessed by him/her shall be guilty of larceny. Punishable by imprisonment in the state prison for up to 10 years or by a fine of $2,000 and up to two years in jail (Section 57).
To be convicted of embezzlement, the prosecutor must prove that the defendant:
Was in a position of trust or responsibility and given possession of the property or money
Took the property or money for their own use without the owner's consent
Took the property with the intent to permanently deprive the owner
If you're facing embezzlement accusations, your attorney may attempt to fight your charges by using the following defenses:
No fraudulent use
Good faith belief of a right to the property
No intent to deprive
Trying to defend your Massachusetts embezzlement charges without proper guidance or representation could increase your risk of getting convicted and suffering the maximum punishment. If convicted, you could face harsher consequences, including huge fines, lengthy prison sentences, and other devastating social ramifications. Therefore, it is paramount to have the right legal defense strategy that fits your unique circumstances when defending an embezzlement charge.
Devin McBride has devoted his career to providing comprehensive legal services and reliable representation to clients in theft crimes and embezzlement cases. As a knowledgeable Massachusetts criminal defense attorney, he will help you navigate the criminal justice system. He will investigate the details of your case and outline an effective defense strategy for the best possible outcome. McBride Law will fight vigorously on your side to defend your rights and attempt to refute the charges against you with substantial evidence.
Don't face your embezzlement charges alone. Contact McBride Law today to schedule a free one-on-one case evaluation. Devin McBride can offer you the experienced legal counsel and comprehensive representation you need. He is proud to serve clients in Quincy, Weymouth, Norwell, Hingham, Boston, and other areas throughout Massachusetts.