Embezzlement Attorney: Talks About What The Crime Of Embezzlement Is

Embezzling is the act of taking money that has been placed in your trust but belongs to another person. For instance, someone who works in a bank may secretly steal money that he or she has been entrusted to look after. This money belongs to the bank’s customers, and the employee’s action can be considered embezzling. One of the biggest factors in embezzling is that the embezzler is in a position of trust with someone else’s money. Therefore, no trespassing is necessary for the theft to take place. There have been many cases of embezzlement, and usually, sooner or later, the embezzler is caught out.

Historically, embezzlement became a crime because thefts were occurring in which the elements of larceny could not be met because the thief had the right to possess the funds; thus, the prosecution could not prove the element of a “trespassory taking.” Meanwhile, proving embezzlement only requires showing either that the employee had possession of the goods or funds because of the employee’s position or that the employee had the authority to exercise substantial control over the goods or funds. Courts determine the question of substantial control by considering the employee’s job title, job description, and the practices of that particular company.

Since embezzlement is usually discovered by way of circumstantial evidence, an active approach by the employer is required to uncover the perpetrators of the crime. An investigation should be conducted quickly but subtly. Company officials should compile a list of employees who may have had the opportunity to commit the suspected embezzlement. These employees should be interviewed, more than once if necessary. The employer should try to recover as many records as possible to find accounting discrepancies or other evidence. If the crime appears to exist on a large scale, the employer may need to contact outside advisors – including attorneys, insurance agents, and investigative specialists – to assist with the inquiry.

If guilt can be assigned to one or more individuals, the employer will have to determine what action to take against them within the company. Termination is not out of the question if there is strong evidence indicating guilt. Conversion is an act that interferes with an owner’s right of possession to his or her property. For purposes of embezzlement, conversion involves an unauthorized assumption of the right of ownership over another’s property. It may, for example, occur when a person is entrusted with property for one purpose and uses it for another purpose without the consent of the owner. Generally, any type of conversion that occurs after a person obtains lawful possession of property is sufficient.

Embezzlement is a crime against ownership; that is, the owner’s right to control the disposition and use of the property. The conversion element requires a substantial interference with the true owner’s property rights (unlike larceny, where the slightest movement of the property when accompanied by the intent to deprive one of the possession of the property permanently is sufficient).Although a failure to return property is evidence of conversion, it does not necessarily constitute embezzlement-absent proof of criminal intent.

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Common Types of Fraud

Throughout the United States laws exist for the development and maintenance of a safe and successful society. While many common laws work to keep individuals physically safe, there are many that are equally important in keep them financially safe. Laws against fraud do just this. However, there are numerous types of fraud which are punishable under the law. By better understanding what the most common forms of fraud are, you are better able to take steps for the protection of your personal freedoms and wellbeing.

Common Fraud Types

Some of the most common types of fraud include the following:

  • Mail fraud, which can occur when items for the United Stated Postal Service are falsified or edited illegally.
  • Identity theft, where individuals will act under the identity of someone else, often using their social security number and other private information.
  • Marriage fraud, often committed in order to evade the immigration system and obtain faster citizenship.
  • Health fraud, which often entails selling items for health and wellbeing that are known to be ineffective.
  • Religious fraud, where individuals will form false places of worship or religious services for the purpose of obtaining money from unaware patrons.
  • Embezzlement, which is the taking of funds from within an organization. It can range from small amounts in a small club to large, extensive embezzlement of many millions of dollars.
  • Tax fraud, such as falsifying your claims or putting inaccurate information on your tax return for the purpose of avoiding payment.
  • Counterfeiting and forgery, of money, documents, and other unique items

If you have been accused of committing any of the above forms of fraud, it is important you seek the counsel of an experienced legal professional. A talented attorney can help you defend your rights and freedoms in a court of law.

Combat Crime With the Help of Law Enforcement Training Online

When people hear about the availability of law enforcement training online, the most common reaction is one of shock and disbelief. In our minds, law enforcement is synonymous with police, and thus with firearms. And of course, learning how to properly care for and use a weapon is not something that can be taught online, even with all the visual aids available nowadays. But law enforcement does not always mean patrolling the streets or catching criminals. There are many different kinds of crime, and the methods of combating of some of those crimes can be taught through books. Or, in this case, through the Internet.

The term “computer crime” refers to a crime where a computer is considered the tool, target or place where the crime is committed. When a computer crime occurs, the case is not handed to patrolmen or detectives, but instead to members who are trained to respond and stop the offenders in situations like these. It is not uncommon for these professionals to have undergone law enforcement training online. After all, what better way to stop a hacker than to learn how he operates?

Training for this branch of law enforcement requires not only intricate knowledge of computer systems and how to use them, but also some practice with programming languages. The fastest way to learn something is to find your way up against it, and that is exactly what happens. Teachers put their students to the test and an online battle is fought during classes: who can hack faster than the other? It is difficult, stressful, and it can not be taught out of books.

Of course, computer crime is not concerned with hackers alone. The branch includes fraud, theft, blackmail, forgery and embezzlement and many more, as long as a computer is used at some time during the crime. Police departments often work hand in hand on cases such as the ones mentioned above; the division concerned with cyber crimes will focus on tracking them down through the computer, while others will look for answers in the real world.

Cases are solved faster this way, and the mistakes made during the process are less. In the end though, it doesn’t really matter if you got your basic education on law enforcement from your local training school or from law enforcement training online; your performance will be what distinguishes you as an officer of the law.

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