Misappropriation Lawyer

Misappropriation is a serious crime that involves taking funds or assets meant for someone else and using them without permission. This act can lead to criminal charges, civil penalties, and long-term consequences. Misappropriation cases often involve client funds, assets from businesses, or public resources.

Perlman Defense Federal Criminal Lawyers defend individuals accused of embezzlement and funds misappropriation. Our team understands the complexities of these cases and works diligently to protect your rights. Whether you're facing accusations of misusing funds for personal gain or breaching a fiduciary duty, we can help. With years of experience, we strive to achieve the best outcome for your case.

Knowledgeable Federal Misappropriation Lawyer

When it comes to federal embezzlement charges, having an experienced lawyer is critical. Federal cases are more complex, with stricter penalties. Misappropriation can involve unauthorized use of funds or assets, often for personal benefit. These crimes can carry significant fines, jail time, and damage to your reputation.

Perlman Defense Federal Criminal Lawyers understand how federal prosecutors build their cases. Our team works to challenge evidence and uncover weaknesses in the prosecution's arguments. Whether you're accused of misusing client funds or breaching trust, we will fight to protect your interests. Let us provide the strong and reliable legal defense you deserve.

Misappropriation Defined

Misappropriation means taking something that isn’t yours and using it without permission. This can include money, assets, or trade secrets. It often happens when someone in a trusted position, like a public official or trustee, uses funds or property for their own use or an unauthorized purpose.

It is a serious crime and can lead to legal consequences like fines, prison time, or both. Misappropriation can involve many things, including money, personal property, or business secrets. Understanding this term is key to knowing your rights and defending yourself if accused.

Misappropriation of Funds

Funds misappropriation occurs when someone takes money meant for a specific purpose and uses it for their own use. This often involves misusing client funds, public money, or company resources. Cases like this can lead to embezzlement charges and demands to pay restitution.

Trade Secret Misappropriation

Trade secret misappropriation is the unlawful act of acquiring by improper means (i.e., bribery, theft, fraud, or violation of a contractual obligation to keep something confidential) a trade secret, which is a type of intellectual property or confidential company information that is generally not known outside of the company and that provides the company with an economic advantage over competitors. 

For instance, if you bring home confidential business information from work violating your employment contract, you could face trade secret misappropriation charges. You can also be accused of misappropriation if you publish a trade secret, knowing that it was acquired through improper means.

In addition to criminal prosecution, federal law also provides for a civil cause of action for trade secret misappropriation under 18 U.S. Code § 1836(b)(1). Before the enactment of the code, civil claims addressing trade secret misappropriation were governed exclusively by state laws and were handled in state court.

Misappropriation of Assets

Misappropriation of assets refers to the unauthorized taking or use of property, such as equipment, goods, or investments. This can happen in workplaces, businesses, or public offices. Individuals accused of this crime may face legal action and be held liable for damages.

What Makes Misappropriation a Federal Crime?

Misappropriation becomes a federal crime when it involves government funds, crosses state lines, or violates federal laws. If public money or federal resources are involved, federal authorities handle the case. Federal embezzlement penalties are stricter and can include long prison terms.

Criminal Penalties for Misappropriation

Both state and federal laws make misappropriation a crime. The penalties for a conviction depend on the type of crime and its severity.

For instance, the main federal law that prohibits the theft of trade secrets is 18 U.S. Code § 1832. This law makes it a federal crime for any person to “with intent to convert a trade secret, that is related to a product or service used in or intended for use in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will injure any owner of that trade secret, knowingly—

(1) steal, or without authorization appropriate, take, carry away, or conceal, or by fraud, artifice, or deception obtain such information;

(2) without authorization, copy, duplicate, sketch, draw, photograph, download, upload, alter, destroy, photocopy, replicate, transmit, deliver, send, mail, communicate, or convey such information;

(3) receive, buy, or possess such information, knowing the same to have been stolen or appropriated, obtained, or converted without authorization;

(4) attempt to commit any offense described in paragraphs (1) through (3); or

(5) conspire with one or more other persons to commit any offense described in paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the conspiracy.”

Under this law, the theft of trade secrets is punishable by a prison sentence of up to 10 years, and if an organization commits the crime, the organization can be fined up to $5 million, or three times the value of the stolen trade secret.

If someone is accused of this crime and it benefits a foreign government, group, or agent, they could face up to 15 years in prison. Organizations accused of this crime can be fined up to $10 million or three times the value of the stolen trade secret under 18 U.S. Code § 1831 (economic espionage).

A conviction for trade secret misappropriation comes with more than just prison time and fines. The government can take away any money made from the crime and seize any property used to commit it.

Defending Against Criminal Charges of Misappropriation

One of the most frequently prosecuted misappropriation crimes is the misappropriation of funds. In many cases, the crime of misappropriating funds is committed by a public official, an executor of an estate, or a trustee of a trust, but virtually any person with access to another person's money can be charged with misappropriating funds if that person uses the money for his or her own personal use or for another unauthorized purpose.

Misappropriation is a serious crime, but proving it is not always simple. In any criminal case, the law assumes the accused is innocent until proven guilty. The prosecution must prove the crime happened beyond a reasonable doubt. If your lawyer can show even a small doubt about your guilt, you cannot legally be convicted.

For instance, to secure a conviction for misappropriation of funds in federal court, the government must prove the following elements of the crime beyond a reasonable doubt:

• You had access to the funds but not ownership of them;
• You knowingly and intentionally took the money or intended to take the money; and
• You used the money for your own purposes or intended to use the money for your own purposes, which can include transferring the money to another bank account.

Defense Strategies for Misappropriation Charges

Being charged with misappropriation can feel scary and overwhelming, especially when facing the federal government. But being accused doesn’t mean you are guilty.

A skilled federal criminal defense attorney can use many strategies to fight the charges. They will work to challenge the prosecution’s case and protect your rights. There are always ways to defend against these accusations.

For instance, if you are facing charges for misappropriation of funds in federal court, your attorney may be able to argue that:

• You did not intend to misappropriate the funds.
• The owner gave you consent to remove the funds.
• You had a reasonable and good-faith belief that you owned the funds.
• The prosecution's evidence was obtained as a result of an illegal search.
• The prosecution doesn't have enough evidence to prove the crime of misappropriation beyond a reasonable doubt.
• You committed the crime under duress.
• You were the victim of entrapment.
• You have been wrongfully accused.
• You are the victim of mistaken identity.

The intent is a critical component of white-collar crimes like misappropriation, and if your attorney can show that you did not intend to misappropriate the funds, assets, or trade secrets in question, you may be able to secure an acquittal at trial.

How Our Federal Misappropriation Defense Attorneys Can Help

Perlman Defense Federal Criminal Lawyers specialize in defending clients accused of misappropriation. Our attorneys review the evidence, identify flaws in the case, and develop a strong defense strategy. Whether you're accused of misusing client funds or breaching a fiduciary duty, we aim to reduce penalties or get charges dropped.

We also explore alternative resolutions, like negotiating to pay restitution instead of serving jail time. Our team works hard to ensure your rights are protected, and your best interests are served.

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Consult Our Experts at Federal Criminal Lawyers Today

If you’re accused of having committed misappropriation, embezzlement, or misusing funds, don’t wait. Perlman Defense Federal Criminal Lawyers can help. Our team will fight to protect your rights and defend you in court.

These accusations can harm your job and reputation. We work hard to explore all legal options and find the best result. Whether it’s proving misappropriation is not your fault or negotiating a fair solution, we are here to help. Contact us today for a free consultation. Let us guide you and protect your future.