How the case is charged and where it goes
In New York, taking an employer's money is generally charged as larceny, with the degree tied largely to the amount alleged, and falsifying business records often appears alongside it. Larger amounts mean felony charges, which usually go through a grand jury after arraignment, and many district attorneys' offices route these cases to units that handle financial crimes. Federal embezzlement charges arise when the money belongs to certain protected entities, such as a federally insured bank or an employee benefit plan. Early court dates focus on release conditions and any orders about accounts or property. Because the alleged total drives so much, how it was calculated becomes a central question.
The total, and what restitution means
The figure in the complaint often comes from an accountant hired by the employer, reconstructing transactions across a long period. That work can double-count, include authorized payments, or attribute to you transactions others made, and it deserves its own review. Restitution is frequently part of how these cases are resolved, and the amount, the payment schedule, and whether it is negotiated before or after a plea all matter. Avoid contacting the employer or its staff about repayment on your own; any offer should go through counsel. Keep your pay records, your job description, and any written approvals for the transactions in question.
The civil case running alongside
Employers, and the insurers who reimburse them under employee theft or fidelity coverage, often sue to recover the money, sometimes while the criminal case is still open. Testimony in a civil deposition can be used in the criminal case, so whether to answer questions, or to assert your Fifth Amendment rights there, needs coordination. A settlement in the civil matter does not by itself end the prosecution, which remains the prosecutor's decision. We also consider immigration status, professional licenses, and future roles involving money handling, since those effects can outlast the case. A first consultation sets out how the criminal, restitution, and civil pieces fit together.
