Embezzlement Defense Attorney | Defense Misappropriation

The client worked in the maritime logistics division and followed long established procedures, including transferring settlement funds through designated staff and using internal communication channels to report all transactions.

After resigning, the company accused him of withholding funds and improperly issuing bills of lading. 

The embezzlement defense attorney analyzed these claims and identified that the allegations relied heavily on assumptions rather than evidence.

Under New York law:

• Embezzlement falls under larceny provisions requiring intent to permanently deprive the owner of property

• Fiduciary breach requires showing a knowing violationof duty and resulting financial harm

The embezzlement defense attorney explained that neither allegation could stand without proof of intentional misconduct, not mere procedural disputes or internal misunderstandings.

The prosecution’s theory relied on the claim that the client failed to remit certain payments. The attorney showed:

• All settlement funds were transferred through the appropriate on-site employee

• Communication logs showed full transparency

• No discrepancies tied to personal enrichment existed

These findings undermined the company’s assertions and highlighted inconsistencies in the employer’s internal processes.

The employer also accused the client of improperly issuing a bill of lading.

The embezzlement defense attorney established:

• Documents were issued only after verifying payment

• All steps aligned with standard protocol

• No evidence of personal benefitor intent to cause loss

Using New York case law, the attorney demonstrated that fiduciary breach cannot be established without showing intentional harm or improper gain.

Authorities determined:

• No evidence of misappropriation

• No unlawful intent or improper benefit

• Employer’s claims conflicted with documented communication logs

Thus, prosecutors declined to pursue charges, fully clearing the client.

Corporate misappropriation and fiduciary breach cases often involve complex workplace procedures and conflicting statements. 

An embezzlement defense attorney can prevent wrongful prosecution by evaluating transaction history, communication records, and operational customs.