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Embezzlement Defense Attorney | Achieving a Non-Prosecution Decision in Corporate Misappropriation Case



When an employee is accused of misappropriating company funds, the consequences can be severe from criminal exposureto reputational damage and employment restrictions.

In this case, a former employee sought the assistance of an experienced embezzlement defense attorney after being accused of both embezzlement and breach of fiduciary duty by a previous employer. 

The allegations arose shortly after the employee resigned, leaving him anxious about potential criminal charges and long-term consequences.

The embezzlement defense attorney conducted a thorough legal and factual review, evaluated procedural inconsistencies in the employer’s claims, and built a detailed defense demonstrating that the client had neither personal gain nor fraudulent intent

As a result, New York law enforcement ultimately dismissed all allegations and issued a non prosecution decision.

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1. Embezzlement Defense Attorney in New York | Understanding the Corporate Criminal Allegations


The client approached SJKP as an embezzlement defense attorney after being notified that the former employer claimed a portion of transportation payments had not been remitted to headquarters. 

Additionally, the employer accused the client of violating internal shipping procedures in a way that allegedly caused corporate loss.



Background of the Corporate Investigation


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.



2. Embezzlement Defense Attorney in New York | Initial Legal Review and Applicable Statutes


A qualified embezzlement defense attorney must clearly distinguish between embezzlement and breach of fiduciary duty under New York Penal Law. 

Embezzlement requires proof of unlawful appropriation of property, whereas fiduciary breach requires intent to cause financial harm to the principal.



Legal Thresholds and Statutory Penalties


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.



3. Embezzlement Defense Attorney in New York | Defense Strategy and Evidence Development


The embezzlement defense attorney built a strategy demonstrating that the client followed routine workplace practices, had no access to private financial gain, and acted transparently in all communications.



Addressing the Alleged Embezzlement of Company Funds


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.



Rebutting Allegations of Breach of Fiduciary Duty


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.



4. Embezzlement Defense Attorney in New York | Non-Prosecution Decision and Case Resolution


After reviewing the attorney’s submissions, New York law enforcement concluded that the allegations lacked evidentiary support.



Reasons for the Non-Prosecution Outcome


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.



When to Seek a Corporate Crime Defense Attorney


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.



5. Embezzlement Defense Attorney in New York | Comprehensive Support for Corporate Crime Investigations


Embezzlement Defense Attorney in New York | Comprehensive Support for Corporate Crime Investigations

 

SJKP provides strategic representation in corporate embezzlementfiduciary breach allegationsfinancial disputes, and internal investigations

If you are facing accusations of misappropriation or corporate misconduct, an experienced embezzlement defense attorney can help protect your rights and prevent escalation.

Contact SJKP today for tailored legal support.


21 Nov, 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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