Nobody ever accused New Jerseyans of mincing words — and if they did, they shouldn’t have. Residents of the Garden State have a way of cutting through the doublespeak like few others. This attitude even extends to the state’s embezzlement laws. In many states, if you choose to “clandestinely borrow” money from the company you work for, some may choose to call it embezzlement; in New Jersey, however, offenders will simply face charges under the state’s anti-theft laws, with penalties ranging anywhere from a $1,000 fine and restitution to $150,000 in fines and jail time.
Whatever the motivation and no matter how easy it may seem to get away with it, embezzling company funds can have lifelong repercussions. Even a mere allegation of embezzlement can cripple your ability to get a job in your industry or anywhere else for that matter. Employers don’t like to lose money and will often exhaust every available resource to recoup their loss and exact their pound of flesh. It’s imperative that you understand your options under the law.
In order to determine whether the charges you face are serious, there are a few things you will need to know and that the prosecution will need to prove:
To begin with, in order for an embezzlement charge to stick, there must be an established fiduciary relationship (where one party relies on another). The prosecution must then prove that the defendant acquired the money or property in question as a result of that relationship. Finally, the prosecution must show that the acquisition or transfer of said properties was intentional. A fertile business climate and a propensity toward corruption have made New Jersey a hotbed of fraud and embezzlement over the years. This has led many overzealous NJ prosecutors to overcharge defendants in fraud cases. If you’re facing theft charges for an embezzlement offense in New Jersey, let an experienced and qualified criminal defense attorney help.
Don’t let a lapse in judgment destroy your career and jeopardize your freedom. John Tumelty is a former prosecutor with years of experience helping clients who face white collar crime charges. If you have been charged with embezzlement in New Jersey, call Mr. Tumelty today for a free consultation.