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Criminal Law Firm in New York Defense of a Company Executive Accused of Employee Related Embezzlement



Allegations involving the misappropriation of company related property often arise in New York’s construction and renovation industries, where ownership of fixtures and materials can depend heavily on contract terms and unpaid balances.

 

When such commercial disputes are mistaken for criminal conduct, a criminal law firm must clarify the absence of intent to deprive and demonstrate that no unauthorized taking occurred.

 

In this matter, the firm represented a company executive wrongly accused of embezzling interior construction materials.

 

After presenting clear evidence of ownership and non payment by the complainant, the firm secured a no prosecution decision, preventing any criminal charges from being filed.

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1. Criminal Law Firm New York | Initial Complaint and Client Background


Criminal Law Firm New York Initial Complaint and Client Background

 

 

The client, a company representative operating an interior renovation business, was accused of unlawfully selling fixtures and interior construction materials after completing contracted work.


The complainant asserted that all renovation fees had been fully paid and claimed that the materials belonged to the complainant’s company, thereby alleging a business related embezzlement offense.



Ownership Dispute and Payment Conflict


The criminal law firm closely examined the contract, the payment structure, and the scope of work performed.


It became clear that the complainant had not paid the remaining balance owed under the agreed upon construction and consulting room installation.


The materials the complainant claimed were “embezzled” were in fact purchased, installed, and owned by the client’s business under standard commercial renovation practices.


Accordingly, the ownership dispute did not meet New York’s criminal intent threshold necessary for any theft type offense.



2. Criminal Law Firm New York | Defense Preparation and Strategic Response


After reviewing the allegations, the firm structured a defense showing that the dispute was fundamentally civil in nature, rooted in unpaid balances and contractual ambiguities rather than criminal intent.



Guided Police Interview Preparation


The firm conducted detailed pre interview simulations to reduce the client’s anxiety and ensure accurate, consistent explanations.


Potential investigative questions were identified in advance, enabling the client to provide clear, fact based responses.


An attorney from the criminal law firm attended the police interview to prevent mischaracterization of statements and to ensure that law enforcement officers did not interpret business related disagreements as criminal conduct.



Evidence of Incomplete Payment and Additional Work


The defense emphasized written messages, invoices, and witness statements demonstrating that:

 

ㆍThe client performed additional construction work, including installation of a consulting room, at the complainant’s request.

 

ㆍThe complainant did not pay the corresponding additional fees.

 

ㆍThe complainant incorrectly asserted “full payment,” despite contractual inconsistencies and unpaid balances.

 

This evidence directly undermined the claim that the materials belonged to the complainant.



3. Criminal Law Firm New York | Legal Positioning on Lack of Criminal Intent


Criminal Law Firm New York Legal Positioning on Lack of Criminal Intent

 

For any criminal charge equivalent to embezzlement under New York law, prosecutors must show intentional misappropriation of property belonging to another.


Here, the criminal law firm demonstrated that:

 

ㆍThe disputed materials were owned by the client’s company, not by the complainant.

 

ㆍSelling one’s own property cannot, under New York Penal Law, satisfy the unlawful taking element.

 

ㆍThe complainant’s allegations reflected a commercial billing dispute, not a criminal act.



Establishing Non Criminal Commercial Conduct


The defense provided structured explanations showing that:

 

ㆍThe materials were standard business inventory belonging to the contractor.

 

ㆍThe complainant’s failure to pay the remaining balance invalidated any ownership claim.

 

ㆍThere was no deception, concealment, or financial misconduct that could satisfy theft related elements.


These findings allowed investigators to clearly distinguish civil disagreements from criminal wrongdoing.



4. Criminal Law Firm New York | Final Outcome and Declined Prosecution


Following full review, law enforcement authorities concluded that the complainant’s allegations lacked factual support for any criminal charge.


The police ultimately issued a no prosecution / no charge determination, affirming that evidence was insufficient and that criminal liability could not be established.



Why Skilled Counsel Was Critical


The criminal law firm ensured that investigators understood:

 

ㆍThe commercial nature of the disagreement

 

ㆍThe absence of criminal intent

 

ㆍThe ownership status of the interior construction materials

 

ㆍThe complainant’s non payment and contractual inconsistencies

 

This structured defense prevented the matter from escalating into wrongful criminal prosecution.


10 Dec, 2025


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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