Financially motivated crimes, like the misappropriation of funds, are a primary concern for the government—especially here in New York. This means that if an individual or business is found to be misappropriating funds, they can face severe legal consequences if they are ultimately convicted. Because of the weight a misappropriation case can hold, it is best to find a qualified criminal defense attorney to represent you.
At The Vitaliano Law Firm, our lead attorney has spent years building a reputation in the world of criminal defense. We have represented countless clients in Staten Island and beyond, fighting for the best outcome possible in every scenario. Our team understands how complex criminal charges like misappropriation can be. That is why we are committed to providing professional representation and advice unique to each case. If you are accused of misappropriating funds in Staten Island, see how The Vitaliano Law Firm can work with you today.
The misappropriation of funds is a type of white-collar crime similar to embezzlement. It is defined as the act of intentionally using funds unlawfully, improperly, or when unauthorized by the party who actually owns them. Misappropriation of funds charges differ from embezzlement cases. They only deal with money and involve individuals of high responsibility, such as:
Misappropriation of funds could, for example, be the executor of an estate secretly taking some of the funds left by the deceased. They then keep them for themselves instead of fully distributing them to the rightful beneficiaries. The misappropriation of funds is legally classified as a form of theft. This is taken seriously by both the state and federal governments.
In most circumstances, misappropriation cases are handled by the state government. However, there are some instances in which the case is transferred to the federal level. This happens if:
Regardless of which court your case goes to, the potential consequences will stay the same if you are convicted. There are several legal penalties for an individual convicted of misappropriation of funds.
If convicted of misdemeanor misappropriation of funds:
If convicted of felony misappropriation of funds:
When facing any type of criminal allegations in New York, having a qualified criminal defense attorney on your side is vital. Fortunately, our team of experts has extensive experience and knowledge in the realm of criminal law and white-collar crimes. We can assess your case, listen to your side of the story, and work with you to build a defense that best represents you. Our team has spent years defending clients in different criminal cases. That is why you can trust us to handle your misappropriation case properly. With the help of our negotiation skills and expert background in the courtroom, we can fight for the best outcome possible for your situation.
A: There is more than one kind of misappropriation that is recognized by federal law. The main types that are most commonly seen include the misappropriation of funds, the misappropriation of trade secrets, and the misappropriation of assets. Each offense will require the skills of an expert white-collar crime attorney to properly defend.
A: There are multiple behaviors that can count as misappropriation of funds. The act counts as misappropriation if the individual intentionally misused funds, unlawfully used funds, or used funds for matters without authorization. Any form of secretly using funds in an unintended manner will most likely be recognized as misappropriation if done by someone in a position of responsibility.
A: One example of misappropriation could be the CFO of a corporation secretly using money meant to pay business expenses for their own personal use. Misappropriation of funds can also refer to a professional purposefully misusing their client’s funds. An example would be a banker using funds from a client account for non-client expenses or purposes.
A: There are a few main differences between the misappropriation of funds and embezzlement, though they are relatively similar charges. Misappropriation of funds only refers to the intentional misuse of money. Other factors, such as assets and property, can be included in embezzlement. It is usually done by someone trusted to protect these assets. If a person’s fraudulent actions involve large sums of money, they are frequently charged with both embezzlement and misappropriation of funds.
A: Embezzlement is legally defined as the act of taking funds, assets, or other forms of property illegally. Embezzlement is done purposefully, with the intent to deprive the actual owner of the assets for personal gain. This is a severe crime and will require the skills of an expert attorney. Additionally, you may face both criminal and civil penalties if convicted.
At The Vitaliano Law Firm, we take our clients and their cases seriously. We know just how complicated criminal allegations can become. That is why we provide professional legal representation and other services for Staten Island residents who need them. If you are facing a misappropriation of funds charge in New York, it is imperative that you seek adequate legal help as soon as possible.
To schedule a consultation with one of our team members at The Vitaliano Law Firm, or to learn more about the different legal services that we offer in Staten Island, contact us for more information.