Embezzlement, more or less, is the crime of theft or larceny. According to Cornell Law School, embezzlement is done by someone in a position of trust. This can be an employee, a partner or an accountant. Anyone who is in a position of authority or has some kind of control over assets or property and steals that is committing the crime of embezzlement. Embezzlement is going to carry with it, depending on whether it is at a federal or state level charge, different elements and different kinds of penalties than other theft charges will carry.
It is important to consult with an attorney specializing in criminal defense and understands the differences between embezzlement and the common law crimes of theft or larceny. According to Lawyer Monthly, embezzlers have various different methods they can use to take money or property from someone through the embezzlement scheme that they have. Some will take a very large amount. Other times, embezzlement can occur over a very long period. This makes it very difficult to track whether or not that crime has been ongoing or it is actually separate multiple, different instances of crime. This is important when it comes to charging and eventually conviction. Whether or not there is one count of embezzlement or hundreds of counts of embezzlement is going to come into play when it comes to sentencing.
Every single separate element of embezzlement is going to require that the government prove their case. When a court looks at embezzlement as a charge, they are going to try to determine the level of control someone has over assets. This is crucial because the underlying control over those assets and property goes right to the heart of what embezzlement is. Otherwise, it is merely a charge of theft or larceny.