Skip to main content
contact us

Copyright SJKP LLP Law Firm all rights reserved

Embezzlement of Company Funds | Avoided Prosecution



When a business partnership breaks down, accusations can escalate quickly especially when large project funds are involved.In this case, a New York defendant approached our firm fearing indictment for Embezzlement Of Company Funds after a former partner alleged that millions in construction capital had been misappropriated.Despite the seriousness of a potential felony charge, our defense team conducted a comprehensive factual and financial analysis to dismantle the allegations.Through structured evidence presentation and targeted witness statements, we demonstrated that every disputed dollar had been spent on legitimate project costs.Ultimately, the prosecution issued a formal decision declining to bring charges.This case highlights how early involvement of counsel experienced in Embezzlement Of Company Funds can prevent misunderstandings from turning into criminal exposure.

Contents


1. Embezzlement of Company Funds New York – Background of the Business Dispute


Our client, working in New York’s construction sector, entered into a small-scale development partnership with an acquaintance.The two registered a business jointly, pooled capital, and began a multi-unit renovation and buildout project.When the project concluded, disputes arose during financial settlement, and the partner filed a criminal complaint accusing the client of Embezzlement Of Company Funds, asserting that roughly $3.5 million had been diverted for personal use.


Origins of the Conflict between Partners


According to the complainant, their joint account showed periodic transfers of approximately $2,000 per month into the client’s personal account, which he characterized as evidence of Embezzlement Of Company Funds.

However, our client explained that these transfers represented costs advanced for materials, subcontractor payments, and labor.

The partnership lacked formal written accounting protocols, creating room for misunderstanding and prompting the need for an immediate and thorough investigation by counsel experienced in Embezzlement Of Company Funds.



Client'S Position and Initial Defense Posture


From the moment the client met with our team, he was adamant that he had never used partnership assets for personal purposes.

Recognizing the risks of a felony allegation involving Embezzlement Of Company Funds, we began assembling ledgers, bank statements, invoices, and communications to reconstruct the financial story for prosecutors.



2. Embezzlement of Company Funds New York – Legal Framework and Key Issues


New York treats Embezzlement Of Company Funds as a form of larceny under Penal Law §155 and, depending on the amount, can classify the offense as a felony punishable by significant prison time.In disputes involving joint ventures, the primary question is whether the accused had lawful authority to manage and expend funds and whether the expenditures were consistent with the venture’s goals.


Distinguishing Partnership Authority from Misappropriation


A person cannot commit Embezzlement Of Company Funds if they used funds within the scope of mutually agreed project responsibilities.

We demonstrated that the client had full operational authority, meaning expenditures consistent with those duties could not legally be misappropriation.



Evaluating Intent in Embezzlement Accusations


Intent is central to Embezzlement Of Company Funds.

Even inaccurate or sloppy recordkeeping is not criminal unless the defendant knowingly and intentionally diverted money for personal gain.

We emphasized that the dispute stemmed from disagreements during final accounting, not from any deceptive conduct.



3. Embezzlement of Company Funds New York – Defense Strategy and Evidence Development


Because Embezzlement Of Company Funds cases often hinge on clarity of financial flow, we created a detailed, traceable map of every major transaction.


Demonstrating Legitimate Construction Expenditures


We compiled a ledger tracing the full $3.5 million in question.

Our analysis showed that all alleged “personal withdrawals” directly corresponded to project-related payments, effectively disproving the narrative of Embezzlement Of Company Funds.



Establishing the Client’S Authority and Operational Role


We secured third-party statements confirming that the client was responsible for daily operational payments.

This testimony demonstrated standard industry reimbursement practices, not Embezzlement Of Company Funds.



Refuting Criminal Intent with Business-Practice Context


We argued that accounting confusion did not equal Embezzlement Of Company Funds.

With no concealment behavior, no personal enrichment, and no evidence of deception, intent could not be proven beyond a reasonable doubt.



4. Embezzlement of Company Funds New York – Outcome and Guidance for Future Defendants


Prosecutors concluded that the dispute was civil in nature and lacked the criminal elements necessary to sustain charges for Embezzlement Of Company Funds.The client received a formal declination letter confirming that no indictment or information would be filed.


How Prosecutorial Discretion Ended the Case


Prosecutors cited unclear partnership terms, legitimate business expenditures, and absence of criminal intent as key considerations.

This reinforced that criminal law should not be used as leverage in partner disputes.



What to Do If Accused in a Partnership Dispute


Anyone facing allegations of Embezzlement Of Company Funds should retain counsel immediately.

Early intervention is essential because the narrative formed at the beginning often shapes prosecutorial assessment.

If You Are Facing Allegations of Embezzlement Of Company Funds, SJKP Can Help.

SJKP’s defense team assists clients from the earliest investigative stage, ensuring that financial disputes are accurately presented.

If you are navigating a complex financial allegation, contact SJKP for a confidential consultation.


12 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.

Related practices


Book a Consultation
Online
Phone
CLICK TO START YOUR CONSULTATION
Online
Phone