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  1. Home
  2. Breach of Trust | Case Dismissed After False Embezzlement Allegation

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Breach of Trust | Case Dismissed After False Embezzlement Allegation



Facing a Breach of Trust allegation in New York can immediately threaten a person’s career, reputation, and financial stability.

When an employer accuses an employee of misusing corporate funds or diverting clients, the consequences can escalate into felony charges such as larceny, embezzlement, or unlawful business practices.

In this case study, our client a sales employee at an insurance company was accused of embezzling approximately 40 million KRW(equivalent value) and colluding with a competitor.

Through meticulous investigation, evidence review, and targeted legal strategy, our defense team successfully secured a “no charges filed” outcome.

This Breach of Trust case demonstrates how early intervention and precise rebuttal can prevent wrongful prosecution in New York.

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1. Breach of Trust New York – How the Corporate Allegation Emerged


The client sought legal defense after his employer accused him of Breach of Trust and misappropriation.

In New York, accusations of diverting funds or transferring clients can quickly escalate into criminal larceny investigations.

Our Breach of Trust New York defense team began by reviewing the employer’s claims and internal records in detail.



Company Allegations and Internal Suspicion


The employer alleged two forms of Breach of Trust:

That the client siphoned off insurance benefit payouts.

That he collaborated with a competitor to transfer clients.

These claims, if true, could resemble New York offenses such as Grand Larceny, Falsifying Business Records, or Unlawful Use of Confidential Business Information.

However, the Breach of Trust New York team immediately noticed that the allegations lacked documentary evidence and were largely based on speculation, not fact.



2. Breach of Trust New York – Legal Framework and Potential Penalties


Under New York Penal Law, Breach of Trust–type cases often fall under NYPL §155 (Larceny) and NYPL §165 (Misapplication of Property).

To convict, prosecutors must establish intent, unauthorized control over property, and financial harm.

Understanding these principles shaped the defense strategy.



Elements of Larceny and Business Misconduct


A Breach of Trust allegation requires:

Proof of intentional misuse of corporate funds
Evidence that the accused gained personal financial benefit
Demonstration of actual or likely financial loss.

If charged as larceny, penalties range from misdemeanors to felonies depending on value.

The defense emphasized that none of these elements existed in this case.



Duty Violation and Client Diversion Claims


The employer insisted that clients moved to competitors due to the client’s interference.

However, under New York law, Breach of Trust requires proof of deliberate inducement or sabotage not normal market-based decisions.

Client migration due to dissatisfaction or better pricing does not constitute Breach of Trust.



3. Breach of Trust New York – Defense Strategy and Rebuttal


Breach of Trust New York – Defense Strategy and Rebuttal


To counter the Breach of Trust allegation, the legal team dismantled each component of the employer’s claim.

By showing the absence of financial gain, intent, or manipulation, the team built a compelling argument for non-prosecution.



Rebuttal 1: No Direct Evidence of Financial Misappropriation


The central accusation embezzling part of the insurance payout required clear, direct evidence.

The Breach of Trust New York team demonstrated: There were no irregular transfers, All payouts followed standard protocols, and No financial benefit flowed to the client.

Without documentation or transactional anomalies, the allegation collapsed.



Rebuttal 2: No Intent Required for Breach of Trust


Intent is essential in every Breach of Trust prosecution.

The defense proved: The client never used company funds personally, There were no unauthorized transactions, and The client had no motive or opportunity to commit a property-related offense.

This eliminated any basis for escalating the matter into larceny charges.



Rebuttal 3: No Collusion With Competitors


The allegation of collaborating with competitors was pure speculation.

Interviews and document review showed: Clients moved due to dissatisfaction or better pricing, There was no communication or incentive from competitors, and No confidential client data was transferred or misused.

This dismantled the final foundation of the Breach of Trust claim.



4. Breach of Trust New York – Final Outcome and Dismissal


Investigators concluded that the allegations lacked credibility and evidence.

The case was formally closed with a “no charges filed / no further action”decision.

The client avoided criminal exposure, reputational damage, and career-related consequences.



Importance of Legal Guidance in Corporate Accusations


The client avoided serious consequences including potential felony charges because he sought legal help early.

Without a Breach of Trust New York defense team, he could have faced wrongful prosecution based on suspicion alone.

This case reinforces that corporate accusations must be viewed through a legal and evidentiary lens.



5. Breach of Trust New York – How SJKP Supports Clients Accused of Financial Misconduct


SJKP’s Breach of Trust New York defense team includes former prosecutors, investigators, and financial-crime attorneys.

We assist clients from the earliest stages of investigation by responding to police inquiries, analyzing corporate records, securing exculpatory evidence, and preparing tailored defense strategies.

If you are facing allegations of Breach of Trust, embezzlement, or business misconduct, contact SJKP for immediate and comprehensive legal protection.


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The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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