Burden of Proof in a New York Embezzlement Case

When looking to prove a New York embezzlement charge, the prosecution will attempt to prove that the person wrongfully took property from someone else without the permission to do so.

The prosecution will argue that the person did not have the authority to take it. They will attempt to prove that this theft was a wrongful taking, and would have to prove the dollar amount associated with the crime.

To best understand the burden of proof in your New York embezzlement case, it is imperative that you consult with an experienced New York theft lawyer as soon as possible. A knowledgeable attorney can assist in building a defense against any of the prosecution’s allegations.

Proving Intent

The prosecution has to prove that the person carried out the crime intentionally. If the person accidentally took the item and it was not their intent to steal, and they believe the item to be theirs, that could potentially be a defense.

This defense would be an issue of fact as to whether the person did or did not take or use the item in the correct manner. Circumstantially, this could be proven directly.

Sometimes, it is easier for the prosecution to prove this, such as when an individual alters invoices or puts money into a bogus account. The credit card may be reaching an extremely high amount, abnormal to the typical spending. 

Because the charge is case specific and the burden of proof varies, it is important to contact an experienced embezzlement attorney as soon as possible.

Relevant Evidence

The prosecution will use many different forms of evidence to prove a New York embezzlement charge. They may present altered invoices, falsified transactions, check records, wire records, cash withdrawals and deposits, and bank accounts.

The prosecution will then analyze the transactions happening in the bank account, where the money is going, and how it is accounted for. 

If it is not going into a bank account, the prosecution may subpoena car payment records, credit card records, and how the person was making payments on those. The prosecution will determine if the person may be facing tax crimes as well.

Prosecutors are going to talk to the person’s employers and colleagues who had access to these accounts because there may be more money missing from the account. 

If it is a shared login, maybe more than one person has access to the account. The prosecution may examine time sheets to determine when an individual was working and if they were the ones that may have committed the crime.

The prosecution may further secure the person’s email account and search their emails for any potential evidence of the crime. They may also search their home, place of business, and seize their computer and cell phone. All of these things are going to be taken into consideration as potential evidence.

The burden of proof in New York embezzlement cases vary greatly depending on the crime. Any individual charged should not hesitate before contacting a lawyer for legal guidance on the matter.

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