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Fraud & White Collar

Fraud and Embezzlement

The accusation started with missing money, but the charging papers also talk about altered invoices, false entries, and statements made to an auditor, and each of those can become a count of its own.

Reviewed

01 GUIDE

Fraud and Embezzlement: what usually happens

Why the charges multiply

Taking money that was entrusted to you is one act; hiding it usually takes many more. Edited ledgers, fake invoices, forged approvals, and explanations given to auditors or banks can each be treated as separate conduct, and prosecutors often charge them that way. In New York, falsifying business records is a distinct crime that frequently appears next to larceny in embezzlement cases. When the scheme used interstate wires, the mail, or a bank, federal fraud charges can come into play as well. The result is that a matter which feels like one mistake to the person accused can arrive as a long indictment.

Separating the taking from the cover

A useful early step is separating what was taken from how it was recorded. Some entries that look like concealment were made by others, follow a sloppy but common bookkeeping practice, or reflect transactions that were actually authorized. Your lawyer will usually want the full general ledger, bank records, approval chains, and the policies that applied at the time, not just the excerpts in a complaint or an audit summary. Keep personal records of payments, loans, or compensation agreements, and ask before taking any company material. Avoid editing, deleting, or explaining entries to anyone at the company while the matter is open.

How exposure is weighed

In fraud and embezzlement matters, the amount in question tends to drive how the case is graded and how seriously it is treated, so the loss calculation is often disputed as hard as anything else. The counts tied to concealment can matter for sentencing and for collateral consequences, including licensing and immigration, even when the underlying amount is modest. A civil recovery action by the employer or its insurer may be running at the same time. We start by reviewing what has been charged or threatened, which court it is in, and what records exist on both sides. From there we can discuss whether the focus belongs on the amount, the intent, or the way the records were read.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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06 OFFICES

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Attorney Advertising. This page is general information about fraud and embezzlement and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.