Salisbury, MD Embezzlement Attorneys

For Misdemeanor, Felony & Federal Embezzlement Cases

Portner & Shure stands ready to defend your rights, future, and finances if you have been accused of embezzlement, a unique type of theft crime/white collar crime that involves the intentional abuse of a fiduciary duty to make financial gains.

Why should you trust your embezzlement defense case to our attorneys in Salisbury, Maryland?

• We have been defending clients’ rights for more than 30 years.
• We have countless 5-star reviews on Google and Facebook.
• We offer our legal counsel in English, Spanish, Korean, Vietnamese, Chinese, and Hindi languages.
• We can handle a defense case from start to finish, including going to trial before a judge and jury.

Embezzlement is a serious criminal offense that is not filed lightly. If the prosecution thinks it has the grounds to land an embezzlement conviction, you should already be building your defense to fight what they’ll bring to court. Even if you are under investigation for suspected embezzlement but have not been criminally charged, you should let our Salisbury embezzlement defense lawyers of Portner & Shure race into action to protect you, possibly stopping the charges before they are filed and preserving your criminal record.

Fight your embezzlement charges now. Call (410) 995-1515 or send an online contact form.

Fiduciary Duty Violations

A fiduciary duty is a legally recognized relationship between two parties, including a fiduciary and a principal, under most definitions. The fiduciary is required to act in the best interests of the principal and to make reasonable and sound decisions on their behalf. The types of decisions and actions taken by a fiduciary will vary depending on the specifics of the relationship and expectations.

Examples of parties in a fiduciary relationship or contract are:

• Estate executor who is responsible for managing and distributing the assets of a deceased person’s estate.
• Investment bankers who must offer reliable financial advice and handle their clients’ investment portfolios with logical intent or agreed-upon investment strategies.
• Company executives who are responsible for the financial management of the company or corporation, or who have regular access to the company’s financial accounts.
• Trustees and the companies that entrust them to handle various company assets or responsibilities.
• Parties who have used a power of attorney, such as a family member who gives power of attorney to another.
• Workers who are required to handle cash transactions for their employers.

If the fiduciary (e.g., estate executor, investment banker, trustee, etc.) intentionally violates the fiduciary duty for financial gain or other criminal purposes, it may constitute the crime of embezzlement under Maryland criminal law. For example, if an investment banker takes money out of a client’s account for their own gain and the money was not part of an agreed-upon payment, the banker could be accused of embezzlement.

What Happens If You Are Convicted of Embezzlement?

In Maryland, embezzlement can be charged as a misdemeanor or a felony, depending on the circumstances of the alleged crime, such as how much money was embezzled. Our Salisbury embezzlement attorneys are equipped to defend against any level of embezzlement charge, including federal charges, which are less common. Our goal from the start is to give you a fair chance at telling your side of the situation and defending yourself against all charges.

Upon conviction for embezzlement in Maryland, the defendant could be penalized with:

• Between 1 year and 5 years of imprisonment.
• Fines paid to the state, which can range into the tens of thousands of dollars in some cases.
• Mandatory repayment of all embezzled funds to the victim or victims.

Far too often, people who are convicted of embezzlement are surprised to find that the conviction can have far-reaching consequences that go beyond what the court’s sentencing required. For example, an employer may turn you down for a job that involves money management if you have been convicted of embezzlement, even though Maryland employment law usually requires employers to not base hiring decisions on an applicant’s criminal history. You will also likely need to report the amount of embezzled funds, which is determined by the court when you are convicted and sentenced, to the Internal Revenue Service (IRS) on your next tax filing, which can create confusing tax implications and issues.

Can You Defend Against Embezzlement Charges?

At Portner & Shure, we believe that there is always a way to defend against any criminal charge, including embezzlement charges. The key is finding the right approach to building the defense based on the circumstances that are unique to each case. We never use a premade strategy to defend our embezzlement clients; we always start from the beginning, get to know their situation, investigate all facts and evidence, and create a personalized defense strategy.

Your case could use one or more of the following embezzlement defense strategies that are often used in such cases:

• Insufficient evidence: If the prosecution doesn’t have enough evidence to prove guilt “beyond a reasonable doubt,” we can argue that a conviction would violate your rights. We might even be able to argue that certain pieces of evidence should be inadmissible in court because they were collected unconstitutionally, such as through an unlawful search and seizure of your property.
• Lack of criminal intent: The reasons behind your actions are important in an embezzlement case. The poor management of a client’s assets or finances is not a crime by default. Mistakes can happen in any setting, including when fiduciary duties are involved.
• No fiduciary duty: We may be able to argue that you never owed an official fiduciary duty to your accuser. Without a fiduciary duty in place, embezzlement cannot occur, and the prosecution’s case might unravel due to pursuing the wrong criminal charges.

Stand Up for Your Rights with Portner & Shure

If you have been accused of embezzlement, your future freedom and reputation could be in jeopardy, especially if you run a company or investment banking firm. Stand up for your rights by letting Portner & Shure build your defense. Our Salisbury, MD embezzlement lawyers are always ready to hear from new and returning clients, so don’t hesitate to reach out the moment you need legal counsel or representation.

Choose Portner & Shure today for embezzlement defense. Call (410) 995-1515.