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Columbia Criminal Defense Attorney

Embezzlement

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Embezzlement Lawyer in Columbia, SC

Embezzlement charges usually arise from allegations that a person or multiple people who manage funds for a business are mishandling money. With your integrity being called into question, understandably, you may feel personally attacked.

Embezzlement allegations should be taken seriously since South Carolina imposes harsh penalties on those found guilty of misappropriating funds. Jail time increases significantly as the embezzled amount increases.

I, Attorney Jonathan M. Harvey, have extensive experience representing clients facing both state and federal embezzlement charges. If you have been charged with embezzlement or believe you are under investigation, I am ready to advocate for you.

Elements Prosecution Must Prove for Embezzlement Conviction

To be found guilty of embezzlement, the prosecution must prove the following elements beyond a reasonable doubt:

Embezzlement Charges Under State Law

Under state law, embezzlement is always a felony offense, meaning that you will likely be serving significant jail time and paying steep fines if convicted. Under South Carolina Code §16-13-210, anyone embezzling funds may face the following punishments:

When a government official is found guilty of embezzlement, the individual will be disqualified from holding public office. However, the individual’s position can be reinstated if the General Assembly agrees to override the law by a two-thirds majority.

Embezzlement Charges Under Federal Law

Federal embezzlement charges may be brought under 18 U.S.C. § 641 or 18 U.S.C. § 666. Below are the differences between the two charges:

18 U.S.C. § 641

If you embezzle property that belongs to the United States government, you will likely be charged under 18 U.S.C. § 641. However, the prosecution must prove that you fraudulently converted the property for your own use, and you must have known that the property was embezzled or stolen. If you are found in violation of this statute, you may be fined at the discretion of the court, imprisoned for ten years, or both.

18 U.S.C. § 666

If you embezzle $5,000 or more in funds from a federal government organization, you may be charged under 18 U.S.C. § 666. However, to be charged under this law, the organization must have received at least $10,000 in federal assistance in the past one-year period. Federal assistance can include a grant, loan, subsidy, or any form of federal assistance.

If you are charged under this law, you may be fined at the court’s discretion, imprisoned for ten years, or both. However, if the embezzled funds are worth less than $1,000, you can only be sentenced to a maximum of one year in prison.

An Embezzlement Charges Defense Attorney Serving Columbia, SC

Embezzlement accusations are more than just criminal charges; they threaten your sense of security. If someone has accused you of embezzlement, reach out to me. To schedule your free case evaluation, contact me by phone at 803-779-3363 or by filling out the online form.