Understanding Embezzlement in South Carolina and Georgia

Elements of Embezzlement Under Federal and State Law

For an act to be considered embezzlement, prosecutors must prove four elements:

1. Fiduciary or Trust-Based Relationship

• The accused had legal access to money or property due to their position (e.g., employee, trustee, accountant).
• There was a duty to manage or protect the assets on behalf of another party.

2. Gaining Access to Property Through That Relationship

• The accused gained control of the property lawfully through their position.
• Example: A company CFO who oversees payroll transactions has lawful access to company funds.

3. Conversion or Misuse of Funds

• The accused used or transferred the property in a way that was not authorized.
• Example: Using company funds for personal expenses without approval.

4. Intent to Defraud the Owner

• There must be intent to permanently or temporarily deprive the rightful owner of their property.
• Honest mistakes, accounting errors, or misunderstandings do not constitute embezzlement.

Is It Still Embezzlement If You Return the Money?

Yes! The intent to deprive someone of their property is enough for an embezzlement charge.

Example:

• If a financial manager “borrows” company funds to pay a personal bill and returns the money later, they can still be charged with embezzlement.
• Even if the loss is temporary, unauthorized use of entrusted funds is still illegal.

When Does Embezzlement Become a Federal Crime?

While most embezzlement cases are handled at the state level, some situations trigger federal charges, such as:

• Embezzling government funds (e.g., public schools, city governments, government contractors).
• Misusing federally regulated funds (e.g., fraud at a federally insured bank).
• Embezzling from a business that operates in multiple states.

Federal embezzlement convictions can result in severe penalties, including hefty fines and lengthy prison sentences.

Embezzlement Penalties in South Carolina & Georgia

South Carolina Embezzlement Penalties

• Less than $2,000 stolen – Misdemeanor, up to 30 days in jail and fines
• More than $2,000 stolen – Felony, up to 10 years in prison
• Public officials convicted of embezzlement – Up to 10 years in prison & restitution

Georgia Embezzlement Penalties

• Less than $500 stolen – Misdemeanor, up to 12 months in jail and fines
• More than $500 stolen – Felony, 1-10 years in prison
• Theft over $100,000 – Mandatory 10-20 years in prison

If convicted of felony embezzlement, you could face jail time, fines, and a permanent criminal record.

Fight back with an experienced attorney – Call 843-865-8922 or contact us today.

Common Defenses Against Embezzlement Charges

An embezzlement conviction requires proof that the accused intended to commit fraud. A skilled white-collar crime defense lawyer can challenge these claims with strong legal defenses.

1. Lack of Intent

• The accused believed they had permission to use the funds.
• Example: An employee used company funds for travel expenses, thinking it was allowed.

2. Insufficient Evidence

• The prosecution lacks clear proof that the accused actually took or misused the money.
• If there’s reasonable doubt, the charges may be dismissed.

3. Coercion or Duress

• The accused was forced to commit the act under threat or pressure.
• Example: A supervisor threatened an employee to participate in fraudulent transactions.

4. Accounting Errors or Mismanagement

• The financial discrepancy was due to a clerical error, misunderstanding, or oversight, not fraud.
• Mistakes do not equal criminal intent.

If you’re facing embezzlement charges, contact a defense lawyer at 843-865-8922.

Frequently Asked Questions (FAQs) About Embezzlement in SC & GA

1. What is the difference between embezzlement and theft?

• Theft involves taking property unlawfully (e.g., stealing cash from a register).
• Embezzlement occurs when someone misuses property they had lawful access to (e.g., an accountant moving company funds into their own account).

2. Can I be charged with embezzlement if I didn’t personally take the money?

• Yes – You can still be charged if you participated in an illegal scheme or helped conceal funds.

3. Can an employer falsely accuse me of embezzlement?

• Yes, it happens often.
• A criminal defense lawyer can challenge false allegations and protect your reputation.

4. Will I go to jail for embezzlement in South Carolina or Georgia?

• It depends on the amount stolen and the case details.
• Felony embezzlement can carry serious prison time if convicted.

5. How can an attorney help me fight embezzlement charges?

• Gather evidence to challenge the accusations.
• Negotiate with prosecutors for reduced charges.
• Defend your case in court to avoid conviction.

If you’ve been accused of embezzlement, don’t wait! Contact an attorney immediately.

Call 843-865-8922 for a free consultation today.

Protect Your Rights – Contact an Embezzlement Defense Lawyer Today

If you are under investigation or have been charged with embezzlement, you need immediate legal representation to protect your rights and future.

At Bannon Law Group, LLC, our criminal defense attorneys have extensive experience in white-collar crime defense and federal embezzlement cases.

Call 843-865-8922 or contact us to schedule your consultation.