What is embezzlement?
Embezzlement is the unlawful taking of property by someone who it is entrusted. The crime of embezzlement is most often carried out in an employer/employee situation because of authority given to the violator by owner of the property. In 2011 17,000 incidents were submitted to the National Incident-Based Reporting System for embezzlement.
Examples of Embezzlement
There are numerous ways a person can preform embezzlement but there are six main types and those are :
Siphoning- People working in front of lines in stores or restaurants such as cashiers. These people would devise a way to pocketing money from register without creating discrepancies between what the computer shows and what the drawer shows.
Check Kiting- Person creates a series number of deposits and withdrawals between several banks. Checks grow to point that the person withdraws money that is not real or present in their account.
Lapping- Occurs in businesses that accepts incoming payments from customers or vendors. The person would use bank deposits for several companies and change the allocation of the funds to cover up their own personal taking of certain cash payments from certain customers.
Payroll- Using a company payroll in order to illegally take money.
Kickbacks- A vendor from whom a company purchases materials in their course of business, agrees to give that employee money, directly to them, if they continue to buy a certain product from the vendor. Vendor would then sometimes inflate prices for personal profit.
Overtime- The falsification of overtime records.
Siphoning- People working in front of lines in stores or restaurants such as cashiers. These people would devise a way to pocketing money from register without creating discrepancies between what the computer shows and what the drawer shows.
Check Kiting- Person creates a series number of deposits and withdrawals between several banks. Checks grow to point that the person withdraws money that is not real or present in their account.
Lapping- Occurs in businesses that accepts incoming payments from customers or vendors. The person would use bank deposits for several companies and change the allocation of the funds to cover up their own personal taking of certain cash payments from certain customers.
Payroll- Using a company payroll in order to illegally take money.
Kickbacks- A vendor from whom a company purchases materials in their course of business, agrees to give that employee money, directly to them, if they continue to buy a certain product from the vendor. Vendor would then sometimes inflate prices for personal profit.
Overtime- The falsification of overtime records.
Types of Defenses
- Insufficient Evidence: A criminal charge or case can be dismissed if there is insufficient evidence to prosecute. This defense will not work as long as a jury can find you guilty without a reasonable doubt.
- Duress: Duress occurs when a person truly believes they will be in some danger or harm if they do not commit a crime. Common duress defenses in embezzlement cases that generally do not work include embezzling money to satisfy an addiction or to prevent family hardship. A duress defense will be more likely to work in cases where you would lose your job unless you participated in an embezzlement scheme.
- Entrapment: Entrapment occurs when the government compels an innocent person to commit a crime they would have otherwise not committed. Stings are generally exempt. However, setting up "bait" to get you to commit embezzlement can be entrapment. When bringing an entrapment defense, the prosecution will usually contend you were inclined to commit the offense anyway.
- Absence of Intent to Commit a Crime: Most crimes require an intent to commit the crime. Embezzlement requires that you intended to take money or property from others. Without the required intent, the embezzlement charge may be dismissed.
- Insanity: Insanity is always a possible defense, but it is a tough sell for most crimes. This defense allows you to claim you were either insane at the time of the offense or during trial. The success rate of an insanity defense is low and it would most likely be ineffective in embezzlement cases.
- Incapacity: This is different from insanity. In embezzlement cases, this defense may work if you can show you were somehow mentally incapacitated at the time of committing the embezzlement.