Fraud & Embezzelment

Criminal Defense Lawyers Helping Defend Business Leaders

Running a business with funds and assets is complex. If your business handles cash or assets for others, you run the very real risk of an embezzlement charge if you (or your agents) mishandle such cash or assets. Worse, if you try to use such cash or assets to pay for your services, because you we not otherwise properly paid — if you don’t do it correctly, you could end up being accused (and charged) for embezzlement or fraud.

Such charges are also seen raised between partners of a company, when one partner is accused of misusing or taking funds of the company.

Such charges should be treated very seriously, and therefore a very aggressive and proactive defense must be used. You also have a business to run, and protect. Therefore, you owe it to yourself and your business, to hire experience criminal defense attorneys who are experienced with business. Business Law Southwest is the firm you need to call.

What is Embezzlement?

In the State of New Mexico, embezzlement is defined by NM Stat § 30-16-8, as someone in a position of trust taking something of value that was entrusted to them, from another person or a business for their own use. Depending on the value of the thing taken, embezzlement can lead up to a second degree felony charge. Positions of trust can include:

• A trustee stealing from a trust or beneficiary
• An escrow agent stealing from a client
• An attorney stealing from client trust funds
• A partner, member, shareholder or owner taking funds or assets, that belong to the company or other owners
• A front desk clerk taking hotel guest funds out of the hotel safe
• A valet stealing a vehicle he was otherwise supposed to park

What is Fraud?

In New Mexico, Fraud id defined by NM Stat § 30-16-6, as taking something of value from another, using “fraudulent conduct, practices or representations.” Depending on the value of the thing taken, fraud can lead up to a fourth degree felony.

What is the Difference Between Embezzlement and Fraud?

The difference between embezzlement and fraud is whether the person wrongfully taking from another is in a “position of trust.” If so, it’s considered embezzlement and therefore a greater sin. The law places a greater duty on the person in the position of trust, and consequently, greater penalties if found guilty. The seriousness of both embezzlement and fraud depend on the amount taken.

What Do You Do, If You are Charged with Fraud or Embezzlement?

You must hire a competent criminal attorney to help represent you and present a vigorous defense. Business Law Southwest has a litigation team with significant experience defending charges for such crimes. Contact us today, to talk to an experienced criminal defense attorney.