Embezzlement is a crime that carries a lot of weight and false accusations can be very stressful. Most embezzlement cases start out with someone at the office performing an internal audit and discovering missing funds or an employee reporting missing funds to HR or management. You must make sure that you handle the start of an embezzlement investigation the best way possible. Here are some helpful tips.
Do Not Talk or Make a Statement to Your Employer or Investigating Officer
Upon being accused of embezzlement, your first instinct may be to defend and establish your innocence. However, this defense could become dangerous as your responses will be quoted, and probably taken out of context or misrepresented. Furthermore, those who collect and analyze the evidence to prepare the case against you are active participants; they cannot remain impartial towards you.
Their goal for interviewing you is to collect evidence to support their case. They don’t intend to protect you from the case they want to create against you. Even the simple phrases ‘I planned to take care of that later’ or ‘Everyone does that’ can easily be interpreted as a confession.
Maintain As Much Evidence As You Can
You must maintain all material that could be valuable to the prosecution and your defense. Relevant material may include:
- Emails, messages, and internal correspondence
- Job descriptions, contracts, and policy statements
- Access logs and/or system authorization
- Financial records, receipts, and transaction logs
Do Not Modify or Alter Documents
Do not change or ‘clean up’ the content of any documents. Even if the changes were made with good intentions, they could be construed as an effort to destroy evidence. Preserving the evidence helps your lawyer to determine the actual facts in preparation for your defense.
Communicate with Your Attorney as Soon as Possible
Consulting an attorney is usually the best first action if you are under investigation for embezzling funds. Complex financial documents are often involved and it can be very helpful to consult an attorney who can help you analyze and understand them. Working with your attorney will help you:
- Determine if the allegations fall under the definition of what is embezzlement or if you may be accused of something else
- Prepare for discussions with your employer or law enforcement regarding your situation
- Review the available evidence and draw legally sound conclusions
- Protect your legal rights from the beginning of the case to the end
Waiting to speak with an attorney until after formal charges are laid may lead to more limitations on options available to you. For example, waiting to get early legal advice may also prevent minor issues from growing into a larger criminal case.
Be Aware of the Implications of Talking About Your Case
You may want to complain and get support from a colleague, friend, or family member. However, use caution. Even though it may feel like you are speaking privately, the information shared can be posted on social media or sent to others. Avoid discussing this with anyone outside of your legal representative.
Endnote
The fact that there are allegations of embezzlement does not mean you are guilty. However, you must remain calm and respond thoughtfully to those allegations. Do not rush into providing an explanation, do not believe the matter will sort itself out, and do not provide any information to anyone without first getting legal advice.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.