NYC Embezzlement Lawyer

NYC Embezzlement Attorney

Embezzlement is a financial crime where a person misappropriates money they have been entrusted to manage. The violation of their duty distinguishes embezzlement from other thefts. If you have been charged with embezzlement, an experienced NYC embezzlement lawyer can be crucial to a successful outcome.

Federal Criminal defense attorney Jonathan Savella and the legal team at The Law Office of Jonathan Savella know how the District Attorney’s Major Economic Crimes Bureau and the boroughs’ Supreme Court judges deal with embezzlement cases. Our goal is always to create an individualized legal defense strategy to give each client the strongest chance of beating the charges.

Embezzlement in NYC

Although the crime rate was down overall in 2024, the NYC legal system sees a lot of white-collar crime since it is the center of finance in the United States. Embezzlement is not a specific charge in New York City but rather the mechanism used to take money or assets. The elements to prove embezzlement are that the defendant:

• Was in a position of trust over someone else’s assets, such as financial advisors, bank officers, government employees, or caregivers of a family member
• Used their position to access the money
• Intentionally stole the money
• Took possession of the assets, even if they hid, destroyed, or gave it to someone else as a gift

In general, defendants are charged with larceny, and the value of the stolen money or property determines the degree. Penalties are normally more severe for higher values and require the stolen money to be repaid. Criminal charges for embezzlement in New York can include: 

• Petit larceny is a Class A misdemeanor, applies to values of up to $1000, and can result in up to a year in jail.
• Grand larceny in the fourth degree is a Class E felony, applies to values of $1,000 to $3,000, and can result in up to four years in prison.
• Grand larceny in the third degree is a Class D felony, applies to values of $3,000 to $50,000, and can result in up to seven years in prison.
• Grand larceny in the second degree is a Class C felony, applies to values of $50,000 to $1 million, and can result in up to fifteen years in prison.
• Grand larceny in the first degree is a Class B felony, applies to values over $1 million, and can result in up to 25 years in prison, with a minimum sentence of one year.
• Additional criminal charges may include offering a false instrument for filing or falsifying business records, which are both Class E felonies and can result in an additional four years per charge.
• When the offenses cross state borders or involve a federal government agency, defendants may be charged with federal crimes.

Recent NYC Embezzlement Cases

Embezzlement is a serious issue that can affect individuals and organizations. It is the most common type of fraud investigated, and the median loss to employers due to employee fraud is $145,000, or about 5% of their revenue.

At a retirement home in the Upper West Side, a doorman was indicted for stealing more than $475,000 from a man and his wife, who was a retired NYC school teacher. State charges include Grand Larceny in the Second Degree, Criminal Possession of Stolen Property in the Second Degree, Identity Theft in the First Degree, and others.

A senior manager at an IT services firm was arrested for embezzling $7 million from the company through fraudulent invoices and no-show jobs over the course of at least nine years. The manager allegedly split the money with four conspirators. He was charged with federal wire fraud and tax evasion and will be tried by the US Attorney’s Office Southern District of New York.

Businessmen linked with fundraising during the COVID-19 pandemic were charged by the US Attorney’s Eastern District of New York with federal wire fraud or theft of government funds. They allegedly diverted relief money for their own gain and may face up to twenty years in prison.

A fiscal officer at a Brooklyn nonprofit pled guilty at a Brooklyn federal courthouse to wire fraud for embezzling $2.3 million over 16 years through a sham company. She allegedly paid for her own mortgage, credit cards, and cars with the funds and could be sentenced to up to twenty years in prison.

FAQs

Q: How Much Does an Embezzlement Attorney Cost?

A: The cost of an embezzlement attorney depends on several factors. These include the specific charges, the complexity of the case, and the attorney’s experience with similar cases. In addition, criminal defense lawyers can have different fee structures. Most require a deposit and charge by the hour, but some may charge a flat fee in some cases. Be sure to ask about fees and payments at your initial consultation.

Q: What Is the Penalty for Embezzlement in NY?

A: The penalty for embezzlement in NY can vary greatly from one year to twenty years in prison. Penalties can also include fines, paying restitution, probation, community service, or other punishments. Embezzlement can also have additional charges relating to how the money was taken, such as wire fraud, and may be felony or federal charges, carrying their own additional jail time or other penalties.

Q: Is Embezzlement Easy to Prove?

A: Embezzlement is not always easy to prove. An incredible amount of evidence can be required regarding the defendant’s intent to take the property, that they took ownership of it themselves, and that they did not have authorization to do so. An experienced criminal defense attorney can look for weaknesses and inconsistencies in the evidence to negotiate with the prosecution or argue the case at trial.

Q: How Do You Win an Embezzlement Case?

A: You win an embezzlement case by getting a not guilty verdict at trial, negotiating with the prosecution to reduce the charges or sentence, or, ideally, having all charges dismissed. What is possible and likely to happen can vary depending on the facts of the case, and the most effective way to know how the law applies to an individual situation is to consult with a knowledgeable criminal defense lawyer who has experience fighting embezzlement charges.

Don’t Wait to Build Your Defense

The skilled legal team at The Law Office of Jonathan Savella can evaluate your case and work tirelessly to represent you, whether that means getting your charges dropped, negotiating for a plea deal, or representing you in court. The sooner you hire a criminal defense attorney, the more time they have to build your defense strategy. Contact our office right away to set up your initial consultation.