Investigation and Prosecution of Embezzlement Charges Most embezzlement investigations begin internally when businesses discover missing funds or accounting irregularities. The Charlotte District Attorney's office in Mecklenburg County regularly receives cases after company audits reveal patterns of financial discrepancies in credit card statements, time keeping records, and payroll problems. These investigations typically start with simple questions about accounts or record-keeping.
What begins as an informal inquiry or meeting with supervisors can quickly transform into criminal charges. The moment employers or human resources departments start asking questions about missing funds or accounting irregularities, we think it’s a good idea to seek legal counsel. A fair number of cases are proven when employees and people in positions of trust within the organization, hoping to explain away discrepancies, make statements or offer explanations without legal representation.
Crimes of Moral Turpitude: Theft Crimes & Fraud
A common mistake involves attempting to resolve matters by offering repayment or providing explanations about missing funds. The Assistant District Attorney may use these statements, even well-intentioned apologies or repayment offers due to a simple mistake or disorganized bookkeeping practices, as evidence of guilt. Once law enforcement becomes involved, investigators focus on gathering evidence that supports criminal charges rather than resolving employment disputes.
The process of building these cases often requires detailed documentation, which can make them complicated legal matters to work through. The the District attorney's office in Charlotte determines whether charges proceed based on evidence, including think like:
- Account access records
- Transaction histories
- Authorization levels
- Internal controls
- Audit trails
- Written statements
- Emails about financial matters
- Documented explanations
At the Powers Law Firm, we think it’s a good idea to seek immediate legal counsel before discussing financial questions with employers, answering investigator inquiries, or participating in internal reviews when a potential criminal accusation arises. Early legal representation can prove critical in these cases. Contact Bill Powers at 704-342-4357 before making statements about workplace financial matters if you have concerns or believe you may be a target of a criminal investigation. You may also email Bill Powers at Bill@CarolinaAttorneys.com to schedule a confidential consultation.
"Some of the most successful resolutions we see involve clients who call us before police are called and criminal charges are pressed. Whether you’re the treasurer of a school PTA or local sports team, or the comptroller at a major corporation, if there is any chance of an accusation of criminal wrongdoing, we think it’s imperative to stop talking and retain legal counsel."
- Bill Powers, Criminal Defense Attorney
Understanding Financial Records in Embezzlement Cases Financial records tell the story in embezzlement cases. Prosecutors examine years of business records, looking for patterns where funds moved outside normal channels. An indictment often reflects what bank statements, ledgers, and accounting records reveal about the movement of money.
Documentation might include:
- Bank records and statements
- Accounts payable records
- Payroll documentation
- Purchase orders
- Check registers
- Deposit slips
- Credit card statements
- Electronic payment records
- Cash receipts
- Expense reports
Prosecutors review these records to establish patterns. What starts as a single questionable transaction may lead to the discovery of a pattern of criminal conduct and potentially additional counts (criminal charges). The District Attorney's office examines whether a scheme existed to redirect funds through various methods, including:
- Altered payment records
- Unauthorized transfers
- Modified deposit amounts
- Manipulated expense reports
- Changed vendor payments
- Adjusted payroll entries
The criminal defense attorneys at Powers Law Firm note that extensive record examination often determines the strength of prosecution cases. Early legal review of financial documentation and patterns of practice can help shape response strategies. While employers maintain copies of records, reviewing available documentation can prove valuable for defense preparation.
"In more than one instance we've seen good, honest, and hardworking people accused of criminal wrongdoing simply because of poor accounting practices within the business or entity. Unfortunately, sometimes it's easier to accuse a person of trust rather than admit systemic failures or malfeasance by others within the organization, or explain accounting errors to boards, corporate officers, tax officials, and shareholders."
- Bill Powers, Criminal Defense Attorney
Questions about workplace financial records or document requests relative to allegations of embezzlement in the criminal context? Contact Bill Powers at 704-342-4357. Addressing documentation concerns early, through legal counsel, can prove critical in these cases.
Potential Consequences of Embezzlement Convictions in North Carolina North Carolina law establishes clear sentencing guidelines based on the amount involved in embezzlement cases. For amounts of $100,000 or more, charges proceed as Class C felonies, carrying potential years in prison. To give that some level of context, Robbery with a Dangerous Weapon charge in North Carolina is a lower-level, Class D felony. Cases involving lesser amounts (less than $100,000) may move forward as Class H felonies, though they are still serious charges requiring careful attention.
"In calculating the amount in question, which affects the potential severity of the offense, prosecutors are allowed to tally up the total amount from multiple instances of misconduct."
- Bill Powers, Defense Attorney in Charlotte NC
Indeed, Courts consider multiple factors during sentencing. The number of counts, total amount taken, duration of conduct, and position held can shape outcomes. A plea agreement might address these factors, though each case presents unique circumstances. The judge determines final sentences based on North Carolina's structured sentencing guidelines.
Restitution can play a significant role in these cases. Courts typically order full repayment of misappropriated funds and may order a civil judgment to be recorded as part of the Judgment and Commitment.
However, offering to pay restitution before speaking with legal counsel can create complications, if not cement the case against the defendant (the person accused of criminal wrongdoing). These offers may be viewed as admissions, potentially strengthening the prosecution's case.
Beyond potential incarceration and restitution requirements, embezzlement convictions carry the potential for lasting implications:
- Professional license restrictions
- Banking industry limitations
- Future employment challenges
- Credit report impact
- Bond requirements
- Professional certification issues
When facing questions about financial discrepancies at work that may amount to potential criminal charges for embezzlement, contact Powers Law Firm before discussing the matter with employers or investigators. An admission of wrongdoing, offering to enter a guilty plea to lesser charges, or a statement to the police, even well-intentioned, may limit available options. Call Bill Powers at 704-342-4357 for a confidential review of your situation.
Legal Options When Facing Embezzlement Allegations in Charlotte When facing allegations of financial misconduct in Charlotte, timing may determine available options. The attorneys at Powers Law Firm understand how quickly employment questions can transform into criminal investigations and embezzlement charges. Early legal assistance can shape how cases proceed through the Mecklenburg County courts.
A fair number of criminal defendants first learn of potential charges when employers raise questions about financial records. What starts as a request for explanation may involve more than simple workplace concerns. It’s not unusual for Charlotte employers to contact law enforcement while still gathering internal documentation. This parallel process deserves careful consideration before providing statements or offering to pay questioned amounts.
The Charlotte criminal justice system presents unique challenges in financial cases. Court procedures, local prosecution priorities, and case scheduling all affect how matters proceed. The Mecklenburg County court system is busy. Cases often involve multiple court appearances, each requiring strategic decisions about how to proceed. Powers Law Firm works with clients to examine options at each stage, from initial questioning through final resolution.
We think understanding your rights early-on for allegations of embezzlement proves valuable. Legal representation during preliminary stages can affect later options. Contact Bill Powers at 704-342-4357 or email Bill@CarolinaAttorneys.com to schedule a confidential review of your situation. The firm's Charlotte office location of Powers Law Firm at 2412 Arty Avenue, Charlotte, NC 28208, is conveniently located, offers free parking, and is a safe space to discuss workplace financial concerns.