Understanding the Legal Implications of Embezzlement in Florida

Prosecutions of white-collar crimes are on the rise in South Florida. You don’t have to be a CEO at a bank to be charged. Simply stealing office supplies from your place of employment can result in embezzlement charges.

The question "Is embezzlement a felony?" is often the first question I am asked by those charged with embezzlement. And the answer is, it could be. Embezzlement is a form of financial fraud that carries steep punishments if convicted.  Embezzlement, while not specifically codified in Florida Statutes, often take the form of Property crimes under 812.04.  Typically we see Grand Theft, or Scheme to Defraud.

As a white-collar criminal attorney in West Palm Beach, Florida, another topic clients often bring up is how to get out of embezzlement charges. It is not an easy process, but it is possible. I equip all my clients with the knowledge and support they need to move forward with their lives.

If you live in South Florida and are facing charges of embezzlement, stop what you are doing right now and fill out our online contact form (button below) or call me at 561-671-5995 for a free consultation– 24/7. 

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What is Embezzlement or Grand Theft?

Embezzlement is the theft of money or property by a person whom such assets have been entrusted. Most cases of embezzlement are nonviolent and instead contain a violation of trust. This typically involves the misappropriation of funds from an organization lacking internal oversight.

The Legal Definition of Embezzlement

The Florida Uniform Crime Reports defines embezzlement as, “The unlawful misappropriation or misapplication by an offender to his/her own use or purpose of money, property, or some other thing of value entrusted to his/her care, custody, or control.”

Is Grand Theft (or Embezzlement) a Felony in Florida?

The short answer is yes. The severity of this criminal offense is based on the value of the loss of proerty as well as the jurisdiction in which it is brought.

According to our West Palm Beach criminal attorney, there is no Florida embezzlement statute, embezzlement charges are brought as theft charges under Florida Statute 812.014. This statute classifies thefts into two categories: petit theft and grand theft. So, what is the punishment for embezzlement in Florida?

• A theft less of $100 is petit theft, a second-degree misdemeanor.
• A theft less of $750 is petit theft, a first-degree misdemeanor.
• A theft of more than $750 but less than $20,000 is a third-degree felony punishable by up to 5 years in jail, a fine of $5,000, and 5 years of probation.
• A theft of $20,000 or above but less than $100,000 is a second-degree felony punishable by up to 15 years in jail, a fine of $10,000, and 15 years of probation.
• A theft of $100,000 or above is a first-degree felony punishable by up to 30 years in jail, a maximum fine of $10,000, and 30 years of probation.

Most Common Techniques of Scheme to Defraud

There is a wide range of actions that can be prosecuted as embezzlement in Florida. These techniques range from simple to very complex. Examples include:

1. Billing Fraud: Inaccurately reporting business expenses, including creating fictitious vendors or over reporting expenses.
2. Siphoning: When an employee takes payment meant for the employer, such as a restaurant employee charging the customer but not ringing up the transaction.
3. Cash on Hand: Theft of a business’ cash used for day-to-day operations.
4. Check and Payment Tampering: Redirecting payments made to the company, cashing checks written to the business, or forging checks.
5. Payroll: Reporting payroll figures wrongly or creating fake employees.

Proving Property Crimes in Court

It is the prosecution’s job to prove a defendant improperly took money or property with no intent of returning it. They will argue that the defendant lacked the authority to take the property and attempt to establish the dollar amount associated with the crime.

Witness testimony is often a strong component of the prosecution’s case. This can be from eyewitnesses, the property’s rightful owner, or forensic accountants. Circumstantial evidence can also be used to prove intent, such as a defendant’s attempt to conceal the transfer of property. Prosecutors may use credit card statements, payroll records, forged checks, and other documentation to show the defendant obtained the property without authorization. 

Common Defenses Against Property Charges

• Lack of intent
• Authorization
• Mistaken identity
• Coercion
• Entrapment
• Lack of evidence

The lack of a defendant’s intent can be a powerful defense in embezzlement cases. If the defendant can demonstrate that their actions were not meant to permanently deprive the owner of their property or that there was a misunderstanding, it is possible to get an acquittal. Authorization is another key defense. If the defendant had explicit or implied consent to use the “stolen” funds or property in the manner accused, the charges could be reduced or dropped. Mistaken identity by witnesses, the existence of coercion or entrapment, and insufficient evidence to prove the crime beyond a reasonable doubt can also be the grounds for an acquittal.

Examples of Property CasesCases

1. Florida woman sentenced to prison for embezzling over $270,000 from a non-profit organization, to pay restitution from a previous embezzlement conviction. (U.S. Department of Justice)
2. In 2010, Dane Cook’s half-brother was sentenced to 6 years in prison and 16 years of probation for embezzling $12 millions dollars as the comedian’s business manager. (CNN)
3. Former Dixon, Illinois comptroller is sentenced to nearly 20 years of prison for embezzling over $53.7 million dollars from the city. (U.S. Department of Justice)

Embezzlement Facts & Statistics

• Florida is among the states with the highest risk of embezzlement related losses. (Marquet International)
• Eight years is the average time an embezzler has been working at the company they steal from (Hiscox Embezzlement Reports).
• The average embezzlement case costs $357,650 in loss to the company (Hiscox Embezzlement Reports).
• 79% of embezzlement cases include more than one offender, with 3 people being the average (Hiscox Embezzlement Reports).

[Related: Information Above Provided From the Hiscox Embezzlement Reports]

Facing Charges of Embezzlement, Grand Theft, Scheme to Defraud? Contact Our West Palm Beach Criminal Attorney

Navigating the legal technicalities of an embezzlement charge requires a defense attorney experienced with white collar crimes. A qualified embezzlement attorney can create successful defense approaches and help clients understand their cases. The best chance at reducing charges or even getting a dismissal requires early intervention and a solid defense strategy.

Schedule a Free Consultation

If you’re facing embezzlement charges in West Palm Beach, Florida, fill out our online contact form by clikcing the button above to schedule a free consultation. For immediate assistance, call our office at 561.671.5995 now!

Frequently Asked Questions

How Much Money Do You Have to Steal for It to Be a Felony in Florida?

Typically, for the criminal charges to constitute a felony, the amount of money stolen must be $750 or over.

How to Get Out of Embezzlement Charges?

There are a few defense strategies for fighting embezzlement charges, including: lack of intent, mistaken identity, insufficient evidence, duress, entrapment, and challenging the value of the property stolen.

What is the Longest Sentence for Embezzlement / Grand Theft?

In Florida, the longest sentence for embezzlement is 30 years, a fine of $10,000, and probation for 30 years. This is if the value embezzled is $100,000 or over.