Rhode Island Criminal Defense Lawyer S. Joshua Macktaz, Esq.Schedule a Free Consultation
Have you been contacted by police or law enforcement concerning your business, or financial activities as an employee of a business? Do you have reason to believe you may be investigated for a white collar crime such as embezzlement, theft, forgery or fraud? If so, it is critical you hire a skilled, experienced and aggressive Rhode Island embezzlement attorney to defend your criminal offense, and your reputation. No one wants to be known as a “thief”. Not all Rhode Island criminal defense lawyers are the same, NOT even close, and the outcome of Rhode Island embezzlement and theft charges vary widely depending on your defense attorney’s effectiveness, or ineffectiveness.
In my 30 years with Rhode Island criminal law, my law office has handled hundreds of embezzlement charges, theft cases, conspiracy, financial fraud or white collar crimes for deserving clients with complicated legal issues. My goal in every embezzlement, theft or financial crime case is DISMISSAL of all criminal offenses and EXPUNGEMENT of your record avoiding any criminal conviction.
Under Rhode Island law, embezzlement, theft or other financial crimes requiring legal representation can be brought against any owner of a business, or employee of a business who has misappropriated money or goods for their own interests.
Basically, embezzlement means theft or misappropriation of funds placed in a person’s trust, or belonging to a person’s employer.
Examples of a RI embezzlement criminal charge include the bank teller who pockets deposits, the bookkeeper who takes customer refunds for himself/herself, the attorney or lawyer who uses the funds in an escrow account for herself/himself, and the payroll clerk who doesn’t deposit the correct amount of employment tax, keeping the rest for himself/herself.
All of these types of criminal offenses in Rhode Island are not misdemeanors but felonies, and could result in a jail sentence in district court, superior court or federal court.
They are not considered violent crimes. The Rhode Island Attorney General has specifically trained prosecutors in the “financial crimes unit” who are experts in white collar crimes and offenses.
Your Rhode Island criminal defense attorney needs to be as experienced and aggressive as these fraud prosecutors if you have any hope of defeating the embezzlement, theft or financial fraud charges against you and keeping a white collar criminal conviction off of your record.
Here is the Rhode Island embezzlement law. As you can see, it calls for harsh penalties for anyone convicted of this felony, including up to 20 years in jail and a $50,000.00 fine.
Do not trust your life, future and reputation in court with a less experienced criminal defense attorney. My law firm has the knowledge, skill, experience and relationships to provide the proper legal advice and legal representation to defeat the criminal case against you.
Every official of a financial institution and every officer, agent, clerk, servant, or other person to whom any money or other property shall be entrusted for any specific purpose, and every person acting as executor, administrator, attorney, conservator, guardian, receiver, assignee, lawyer, custodian, or trustee appointed by order, decree or judgment of court, or by deed, will or other instrument in writing, who shall embezzle or fraudulently convert to his or her own use, or who shall take or secrete, with intent to embezzle or fraudulently convert to his or her own use, any money or other property which shall have come into his or her possession or shall be under his or her care or charge by virtue of his or her employment or for that specific purpose or by virtue of his or her acting as executor, administrator, guardian, conservator, attorney, receiver, assignee, custodian, lawyer or trustee, and every person who shall collect or receive money or property from another for a commission to be retained out of the money or other property so collected or received, and who shall fraudulently retain out of that money or property so collected or received more than the amount of the commission, and shall embezzle or fraudulently convert it to his or her own use, or shall take or secrete it with intent to embezzle or fraudulently to convert the same to his or her own use, shall be deemed guilty of larceny and shall be fined not more than fifty thousand dollars ($50,000) or three (3) times the value of the money or property thus embezzled or converted, whichever is greater, or imprisoned not more than twenty (20) years, or both, except that if the sum or value of the property embezzled is less than one hundred dollars ($100), he or she shall be fined not more than one thousand dollars ($1,000), or imprisoned not more than one year, or both.
Every person who shall steal any money, goods, or chattels, or any note of the general treasurer of this state for the payment of money, any bank bill, any certificate of any bank or of any public officer or corporation securing the payment of money to any person or certifying it to be due, any certificate of stock in any corporation, any order entitling a person to money or other article, or any bill of exchange, bill of lading, railroad ticket, bond, warrant, obligation, bill, or promissory note for the payment of money, or other valuable property, or any record or paper belonging to any public officer, or any writ, warrant, or other legal process, or any book or part of one containing an account, any receipt for money or other article paid or delivered, any adjustment or document of any kind relating to the payment of money or delivery of any article, any indenture of apprenticeship, or any deed, covenant, indenture, or assurance whatsoever respecting any property, real or personal, shall be deemed guilty of larceny.
Any person to whom any money or other property of another shall be entrusted or delivered for a particular purpose, who shall intentionally appropriate to his or her own use that money or property, shall be deemed guilty of unlawful appropriation and shall be fined not more than fifty thousand dollars ($50,000) or three (3) times the value of the money or property thus appropriated, whichever is greater, or imprisoned not more than twenty (20) years, or both. However, if the sum or value of the property so appropriated is less than one thousand dollars ($1,000), he or she shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one year, or both.
Every agent or factor who shall deposit or pledge any goods, wares, or merchandise or any bill of lading, receipt, or certificate of a warehouse keeper or inspector, or any warrant or order for the delivery of goods with which he or she shall have been entrusted, or which shall have been consigned to him or her as a security for any money or other property borrowed or received by the agent or factor, and shall apply or dispose of the proceeds to his or her own use, in violation of good faith, and with intent to defraud any owner of the goods, shall be deemed and taken to be guilty of a misdemeanor and shall be fined not exceeding one thousand dollars ($1,000) or be imprisoned not exceeding five (5) years.
Contact Rhode Island Criminal Defense Attorney S. Joshua Macktaz, Esq. today for a free consultation.