Federal Embezzlement Charges
Embezzlement: How Josh Tomsheck of Hofland & Tomsheck Can Defend You Against Federal Embezzlement Charges
Embezzlement is the fraudulent taking or misuse of funds or property by someone entrusted with its care, such as an employee, officer, or agent. Federal embezzlement charges are serious and often involve cases where the embezzlement occurs in a federal government position or involves federally insured entities, such as banks or corporations. Convictions for embezzlement can result in significant fines, long prison sentences, and the requirement to pay restitution to the victims.
If you or someone you know is facing federal embezzlement charges, it’s essential to have an experienced attorney who understands federal embezzlement laws. Josh Tomsheck, a nationally Board-Certified criminal defense attorney with Hofland & Tomsheck, has successfully defended clients against embezzlement charges. His deep understanding of the law and proven defense strategies make him a strong advocate in these cases.
Understanding Federal Embezzlement Laws
Embezzlement is prosecuted under various federal statutes, depending on the nature of the funds or property embezzled and the position of the defendant.
- Embezzlement by a Bank Officer or Employee (18 U.S.C. § 656): This statute makes it a federal crime for any officer, director, or employee of a federally insured bank to embezzle or misapply the bank’s funds. The penalties increase based on the amount of money embezzled.
- Embezzlement by Federal Employees (18 U.S.C. § 641): Federal employees who steal, embezzle, or misappropriate government property or funds can be prosecuted under this statute. This includes government contractors and others who handle federal funds.
- Embezzlement from Pension and Welfare Plans (18 U.S.C. § 664): This statute criminalizes the embezzlement of funds from employee benefit plans, including pension plans, health insurance, and other retirement plans.
Penalties for Federal Embezzlement Convictions
Federal embezzlement convictions can carry severe penalties, including prison time, significant fines, and restitution.
- Imprisonment: Depending on the amount embezzled and the nature of the crime, embezzlement convictions can result in prison sentences ranging from 5 to 30 years. Higher penalties are imposed when the embezzlement involves large sums of money or funds from government entities.
- Fines: Embezzlement convictions can also result in significant fines, ranging from tens of thousands to millions of dollars, depending on the scope of the embezzlement and its impact on the victims.
- Restitution: Defendants convicted of embezzlement are typically required to pay restitution to the victims. Restitution covers the amount of money or property embezzled and may include additional compensation for damages incurred by the victims.
Common Defenses in Federal Embezzlement Cases
When defending against federal embezzlement charges, Josh Tomsheck uses a variety of defense strategies tailored to the specifics of each case. Some common defenses include:
- Lack of Intent: One of the key elements of embezzlement is the intent to defraud. If the defendant did not intend to steal or misappropriate the funds or property, Josh Tomsheck can argue that there is insufficient evidence to prove the required criminal intent.
- Challenging the Evidence: Embezzlement cases often rely on financial records and testimony from employers or colleagues. Josh Tomsheck will thoroughly review the evidence to determine if it was lawfully obtained and whether it supports the charges. He may file motions to suppress improperly obtained evidence or challenge the credibility of witnesses.
- Entrapment: Entrapment occurs when law enforcement induces an individual to commit a crime they otherwise would not have committed. If undercover agents or informants played a role in setting up the embezzlement scheme, Josh Tomsheck may argue that the defendant was entrapped.
How Josh Tomsheck Can Help You in Federal Embezzlement Cases
Federal embezzlement cases are complex and require an attorney with a deep understanding of both criminal law and financial regulations. Josh Tomsheck is an experienced, nationally Board Certified criminal defense lawyer who has successfully defended clients against a wide range of federal embezzlement charges.
Here’s why Josh Tomsheck is the best choice for your defense:
Expertise in Federal Embezzlement Law: Tomsheck’s knowledge of 18 U.S.C. § 641, § 656, and § 664 and other federal statutes allows him to develop strong defense strategies tailored to the specifics of each case.
- Proven Track Record: Josh Tomsheck has a strong track record of defending clients in federal court, securing favorable outcomes such as reduced charges, dismissals, and acquittals.
- Personalized Defense Strategy: Every case is unique. Josh takes the time to understand the specific details of each client’s situation and develops a personalized defense strategy aimed at achieving the best possible result.
- Aggressive Representation: Known for his dedication and thorough approach, Josh Tomsheck will vigorously advocate for you throughout the legal process, from pretrial motions to trial and sentencing.
Contact Josh Tomsheck for a Consultation
If you or a loved one is facing federal embezzlement charges, it is essential to seek experienced legal representation. Contact Josh Tomsheck at the Law Firm of Hofland & Tomsheck today to schedule a consultation. With his expertise, commitment, and proven results, you can trust that your case is in capable hands.
Call us at 702-895-6760 or visit us at 228 S. 4th Street, First Floor, Las Vegas, NV 89101. Let Josh Tomsheck and the team at Hofland & Tomsheck fight for your future.