If you have heard stories of people being accused of embezzling in Tennessee, you probably have some idea that embezzlement entails some form of theft. However, if you ever find yourself on the other end of an embezzlement accusation, understanding a bit more about these types of allegations will be important as you move through your defense process.
As explained by Jean Murray in the personal finance publication, The Balance, there are four very important factors that a prosecution will want to show in order to support charges of embezzlement, two of which can often times be very difficult to prove. One of these elements that is difficult to conclusively prove is intentionality. This may include the fact that a defendant consciously knew what they were doing was wrong and make the active choice to do it.
Another point hard for prosecutors to prove is that any money or other assets in the possession of the defendant were obtained directly through a relationship with the person or business from whom they were allegedly stolen. This links directly to another point to be shown and that is the existence of a relationship between the defendant and the party from whom assets were said to be taken. This relationship should include some level of financial responsibility on the part of the defendant to the other party. Finally, some proof that a defendant actually assumed ownership of assets or distributed assets to others may be required.
If you would like to learn more about the various types of white collar crimes and the charges associated with them, please feel free to visit the embezzlement page of our Tennessee criminal defense website.