A name the charge may not carry
Embezzlement is the word most people use for taking money or property that was entrusted to you, such as an employer's funds, a client's escrow, or the accounts of a relative you were helping. New York generally does not charge it under that name; the conduct is usually prosecuted as larceny, and the level of the charge tends to follow the value alleged. Federal charges can come into it when the money belonged to a bank, a federal program, or a benefit plan, or when the scheme crossed state lines. In many of these matters the real dispute is not whether money moved but whether you were authorized to move it, whether a loan or a bonus was agreed informally, and how the totals were calculated. Those are questions of records and of intent, and they are often messier than the first accusation suggests.
Before you explain or repay anything
Employers frequently ask for a meeting, a written statement, or a signed promise to pay back a figure they have already calculated. Wanting to settle it quickly is natural, but what you sign or say in that room can later be read as an admission of the whole amount, including parts you dispute. Speak with a lawyer before attending, and before offering repayment, because how restitution is approached matters and is better handled through counsel. Keep your own pay stubs, your employment agreement or job description, and messages that show what you were told you could do. If records belong to the business, ask us before copying them rather than moving company files to a personal account.
What a first meeting sorts out
We begin with where the matter stands: an internal review, a demand letter, a police report, or a charge already filed. Many embezzlement cases run on two tracks at once, a criminal case and a civil claim by the employer or its insurer seeking the money back, and each has to be handled with the other in mind. We look at how the loss figure was built and whether it includes amounts that were authorized or never left the business. We also ask about your immigration status and any professional license, since either can raise concerns of its own. From there we can talk about whether and how to engage with the employer or the prosecutor.
