Financial crimes like embezzlement and fraud can have devastating consequences for both victims and the accused. Here in Maryland, these offenses are treated seriously, with potential penalties ranging from hefty fines to significant jail time. If you are facing embezzlement or fraud charges, understanding the specific laws and potential defenses is critical for your defense.

Embezzlement vs. fraud

While both embezzlement and fraud involve deception and misuse of funds, they have distinct legal definitions:

• Embezzlement: This involves the misappropriation of property or funds entrusted to your care for a specific legal purpose. The key element is a breach of a fiduciary duty.
• Fraud: This is a broader term encompassing a variety of deceptive acts intended to deprive another person of property or secure unlawful gain.

Here’s a breakdown of some key differences:

Feature	Embezzlement	Fraud
Fiduciary Duty	Yes, a legal duty to handle the property/funds ethically exists	No, a fiduciary duty is not necessarily present
Entrustment	Property or funds are entrusted to the accused	Not always the case, deception can involve false representations
Examples	Stealing company funds, employee diverting customer payments, accountant misusing client funds	Ponzi schemes, credit card fraud, investment scams

 

Maryland law defines embezzlement under Section 7-113 of the Maryland Criminal Code. It applies to individuals entrusted with property or funds in a fiduciary capacity. Common examples include:

• Employees embezzling company funds
• Corporate officers misusing company assets
• Lawyers stealing client money
• Public officials diverting public funds

The severity of embezzlement charges depends on the value of the property or funds taken. For misdemeanor embezzlement (up to $100), you may face imprisonment for up to 90 days and a fine of up to $500. For felony embezzlement:

• Between $1,000 and $10,000: Imprisonment for up to 10 years and a fine of up to $10,000.
• Between $10,000 and $100,000: Imprisonment for up to 15 years and a fine of up to $15,000.
• Over $100,000: Imprisonment for up to 25 years and a fine of up to $25,000.

What are the different kinds of fraud?

Fraud encompasses a wider range of deceptive acts aimed at gaining something of value from another person. Here are some common types of fraud here in Bowie and Dunkirk:

• Wire fraud: Using electronic communication like email or the internet to execute a fraudulent scheme.
• Check fraud: Creating, altering, or using a fraudulent check to obtain money or goods.
• Credit card fraud: Using a stolen or unauthorized credit card to make purchases.
• Investment fraud: Misrepresenting investment opportunities to deceive investors.
• Mortgage fraud: Providing false information to obtain a mortgage.

Like embezzlement, penalties for fraud depend on the severity of the offense and the amount involved.

How can my attorney help defend me against embezzlement or fraud charges?

We understand that facing embezzlement or fraud charges can be overwhelming. Here are some potential defenses our attorney may employ on your behalf:

• Lack of intent: Demonstrating you did not have the criminal intent to steal or deceive.
• Mistake of fact: You genuinely believed you were entitled to use the property or funds in question.
• False accusations: Proving the allegations against you are false or based on misunderstandings.
• Entrapment: The police induced you to commit the crime through improper methods.
• Insufficient evidence: The prosecution lacks sufficient evidence to prove your guilt beyond a reasonable doubt.

Embezzlement and fraud cases can be complicated and have many legal nuances. Our experienced Bowie and Dunkirk criminal defense attorney can help in a variety of ways.

First, we can protect your rights from the start. Law enforcement has specific procedures they must follow during investigations and arrests. We can ensure your rights are protected from the outset, preventing any missteps that could weaken your defense. This includes understanding your Miranda rights and the right to remain silent.

Your attorney can launch a thorough investigation into the charges against you. This may involve gathering evidence, interviewing witnesses, and analyzing financial records to identify inconsistencies or potential flaws in the prosecution’s case.

Based on this investigation’s findings, we can craft a compelling defense strategy tailored to your specific situation. This could involve challenging the prosecution’s evidence, demonstrating a lack of criminal intent, or exploring potential defenses like entrapment or mistaken identity.

In many cases, your attorney will negotiate with prosecutors to reach a plea bargain. This could involve reducing charges, lessening potential penalties, or exploring alternative sentencing options like probation or community service. Remember, however, we will always prioritize achieving the best possible outcome for you.

If negotiations fail and the case goes to trial, your attorney will represent you in court. This involves presenting evidence, cross-examining witnesses, and arguing your case persuasively before a judge or jury. Our attorney has decades of experience doing this and is ready to advocate for you, too.

Beyond legal defenses, your attorney can also help navigate the collateral consequences of these charges. This could involve addressing potential workplace issues, protecting your reputation, and exploring options for mitigating any financial effects on you and your family.

How can I protect myself against embezzlement or fraud charges?

If you handle other people’s money or property, here are some steps to minimize the risk of embezzlement accusations:

• Maintain clear records: Document all financial transactions and keep detailed records.
• Separate accounts: Keep personal and business accounts separate.
• Obtain proper authorization: Secure written authorization before using entrusted funds for anything outside the intended purpose.
• Maintain transparency: Be transparent with your actions and provide regular reports on how entrusted funds are being used.

Are you facing fraud or embezzlement charges? Talk to our experienced attorney for skilled help with your case. All you have to do is call or contact us today to learn more. Carey Law Office maintains offices in Bowie and Dunkirk and serves all of Calvert County.