Atlanta Embezzlement Lawyer
Many people who find themselves facing charges of theft or embezzlement never intended to commit a crime. Theft and embezzlement accusations in Atlanta are serious matters, even if the person who is facing an investigation feels like a misunderstanding lead to the arrest. If you’re facing theft and embezzlement charges in Atlanta, you need a strong legal team to help you, regardless of how the theft and embezzlement occurred. Contact ChancoSchiffer Law, LLC for help.
What Is Embezzlement?
Embezzlement occurs when someone commits theft of assets, whether money or property, from a person. It most frequently occurs in corporate situations. Someone may give another person access to accounts with the understanding that he or she will use the money in the owner’s best interest. If the person the owner trusted uses the assets for personal gain, he or she committed embezzlement. Some people who embezzle take one large sum, while others take small amounts over time in hopes that no one will notice. Generally, embezzlement charges must include:
- The presence of a fiduciary relationship between the owner and the accused
- The accused must have used the relationship the gain the assets
- The accused must have taken ownership or the property or transferred it to a third party
- The accused must have acted intentionally
Common Types of Embezzlement
One of the types of embezzlement that occurs most frequently is check kiting. It occurs when an employee has access to two accounts and transfers money from one account to the other. Then the he or she writes a check from the second account and deposits it into the first account again. The amount increases slightly each time, and the person may take the difference. Check kiting can go on for long periods without anyone noticing.
Another common type of embezzlement is lapping, which occurs when an employee receives money from a customer’s account and keeps it for him or herself. The employee takes money from another paid account to cover the first, skimming some off the top. Lapping requires detailed notes and records.
Computer schemes are one of the simplest types of embezzlement. Almost anyone can take part in computer schemes, as they simply involve inputting false data and manipulating numbers to account for stolen money.
Applying Monetary Value to Property Assets
Because the punishment for embezzlement includes restitution of the stolen assets, the court must apply a monetary value to any stolen property assets. Georgia courts will use the following guidelines to apply monetary value:
- The market value of the item, which the courts determine by obtaining a quote from a supplier who sells something of similar value
- Rental charges
- Interest on unpaid balances at the legal rates until the debtor repays the embezzled funds
Embezzlement vs. Conversion
Instead of using the word “embezzlement,” Georgia law uses the word “conversion,” which is a more general term that refers to the unauthorized use or control of another person’s property. Embezzlement refers to property that the person legally obtained but used for his or her own personal gain.
Though Georgia embezzlement law refers to conversion, it does not mean the general definition. Georgia’s definition of embezzlement law includes lawful receipt of the assets, which is in direct opposition to the general definition of conversion.
Theft and Embezzlement Attorney
If you are facing charges for theft and embezzlement in Atlanta, contact ChancoSchiffer Law, LLC We not only have knowledge of Georgia’s embezzlement laws but also extensive experience defending people accused of embezzlement. We provide each client with personal attention, so we can give you the best representation possible. With ChancoSchiffer Law, LLC you will get attorneys that will fight ceaselessly against your embezzlement charge in Atlanta’s courts.
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