Theft from Employer / Embezzlement
If you are accused of theft from an employer, it is a serious offence and often times the prosecution in these cases will seek a jail sentence. If you have been accused of stealing from your employer, please contact us straightaway. It is in your best interests to have a legal expert on your side.
Theft, Embezzlement and Fraud
In Canada, theft is divided into two separate offences – theft under $5,000 and theft over $5,000. If the offender has abused a position of trust, it is considered an “aggravating factor” and at a sentencing hearing the prosecution will often say it warrants a jail sentence. According to the law, this makes the offence much more serious.
As an employee, you hold a position of trust in relation to your employer. In other words, your employer trusts you not to steal from them. That is why if you are accused of theft from your employer, it is much more troubling than an ordinary theft charge.
Embezzlement is the financial misappropriation of funds belonging to the company and its shareholders. This might happen if you draw funds from the company account for your own personal use, without the authorization of the shareholders. In Canada, embezzlement is an aggravated form of theft.
If deception is involved in the unlawful taking of the monies, you will likely also face charges of fraud.
Get early legal advice
Once an internal investigation begins, you must seek legal advice immediately. The lawyers at Mickelson & Whysall have the experience and knowledge to help you. There are various defence strategies for dealing with a charge once it has been laid.
If you are found guilty, you could face a jail sentence. Depending on the scope of the theft, this could be a lengthy term. The penalties are potentially severe, so legal representation is vital as soon as possible.
We can explore the possible defences open to you. It could be that your actions have been misinterpreted and your intention was not to steal from your employer, or there were other individuals who had the opportunity to commit the offence. At trial we have been able to secure a not guilty verdict and have the charges dismissed.
There are often mitigating or difficult personal circumstances that result in individuals committing financial crimes. Using our legal expertise, we work hard to get you the best outcome possible. In many cases even when there is a significant amount of money lost to the employer, we have helped clients avoid a jail sentence and, in many instances, avoid a criminal record.
Defending allegations of credit card fraud
Our criminal defence lawyers represent people accused of credit card fraud and identity theft. Every case is different. During a free consultation, we can outline the strategy that will work for you.
The prosecution must show that you fraudulently used or produced credit cards. This can be difficult to do. We will question the evidence produced by the prosecution, arguing that is does not prove your guilt beyond reasonable doubt.
We work alongside our own experts, such as forensic accountants, to prove your innocence and secure your freedom.