Embezzlement Lawyers in Daytona Beach

Defending Against Financial Crime Accusations

Embezzlement is a white collar crime involving the fraudulent taking or misuse of money or property by someone trusted to manage it. It often occurs in employer-employee relationships, business partnerships, or other situations where one party has access to another’s financial resources. Even though no physical theft or violence may be involved, the consequences of embezzlement charges can be severe and far-reaching, legally and personally.

These cases often involve a significant paper trail, detailed financial records, and complex legal issues. That’s why it’s crucial to consult an experienced embezzlement defense attorney as early as possible. Building a strong defense takes time and a deep understanding of financial crime law. At Hager & Schwartz, P.A., we have extensive experience navigating the intricacies of white collar crime cases, including embezzlement, financial fraud, and misappropriation of funds. Our team knows how to analyze financial evidence, challenge allegations, and advocate for clients facing serious charges.

If you're under investigation or have already been charged, you don’t have to face the legal system alone. Contact us for a free consultation to discuss your options and take the first step in protecting your rights and future.

What Is Embezzlement?

Embezzlement refers to the unlawful use or misappropriation of funds or property by someone entrusted to manage or oversee them. 

Florida does not have a standalone embezzlement statute. Instead, these cases are typically prosecuted under Florida Statutes § 812.014, which governs theft offenses. This law treats embezzlement as property theft, with penalties that vary based on the value of the assets and whether aggravating factors are present. 

At the federal level, embezzlement is addressed in 18 U.S.C. Chapter 31, which outlines various scenarios, such as embezzlement by bank employees, misuse of employee benefit plan assets, or theft of federal training funds.

Embezzlement charges can arise in many different settings. 

Some of the most common examples include:

• An employee funneling company funds into a personal account
• A business partner misusing joint business funds
• A public official diverting government resources

Because these offenses often stem from internal access to financial systems, they can be especially complex to investigate and defend. An experienced employee theft attorney can help individuals understand the charges they face and explore available legal options.

Embezzlement is not limited to private businesses. Both public and private entities can be victims and individuals in positions of trust—whether in corporate roles, nonprofit organizations, or government agencies—can be charged. If you or someone you know is being accused of embezzlement, seeking legal defense early on can make a difference in the case trajectory.

Embezzlement Penalties

Embezzlement charges carry serious legal and personal consequences. If convicted, a person may face jail or prison time, significant fines, and an order to pay restitution to the affected party. In many cases, individuals also experience long-term professional consequences, including loss of employment, damaged reputation, and difficulty securing future work, especially in positions involving financial trust. 

The exact penalties vary depending on several factors, such as the amount of money or property involved, the length of the alleged scheme, and whether the offense involved a public agency or vulnerable victims.

At the state level in Florida, embezzlement is prosecuted based on the property value taken. Lower-value offenses may be charged as misdemeanors, while higher-value cases can result in felony charges and years of incarceration. 

Federal embezzlement charges are even more severe. These cases often involve allegations of wrongdoing concerning government programs, banks, or federally funded organizations. Being charged with a federal crime means facing investigation and prosecution by agencies such as the FBI or the U.S. Department of Justice, and sentencing guidelines are typically stricter, with mandatory minimums in some cases.

Because of the stakes involved, it is critical to have a legal defense team that understands state and federal court systems.

Embezzlement and RICO Charges

While embezzlement is often charged on its own, it can sometimes lead to more serious investigations if authorities believe it’s part of a larger pattern of criminal behavior. One such escalation involves the Racketeer Influenced and Corrupt Organizations Act (RICO). Embezzlement is considered a predicate offense, meaning it can be used as one of the underlying crimes to support a RICO charge.

This enhancement typically arises when the alleged embezzlement is not an isolated event but part of a broader, organized effort involving multiple individuals or repeated incidents. For example, if someone is accused of siphoning money through a company that regularly engages in fraudulent practices, prosecutors may argue that the offense is tied to a criminal enterprise. In such cases, the focus shifts from a single act of misconduct to a pattern of behavior intended to support or further the goals of an organization.

RICO charges are severe and carry the risk of longer prison sentences, higher financial penalties, and asset forfeiture.

Legal Defenses for Embezzlement

A strong legal defense against embezzlement charges requires early action and strategic guidance. These cases are rarely straightforward—financial documents may be misinterpreted, and allegations can stem from internal misunderstandings, personal disputes, or errors in oversight. Hiring a financial crimes lawyer early in the process gives you the advantage of time, which is essential when analyzing evidence, protecting your rights, and preparing a defense aligned with the facts of the case.

Several defenses may be available depending on the circumstances:

• Lack of intent – The prosecution must prove that the accused knowingly and willfully misappropriated funds. If there was no intent to defraud, a charge may not hold.
• False accusations – Disputes between coworkers, business partners, or supervisors can sometimes lead to unfounded allegations.
• Accounting errors – Inaccurate records or misunderstanding of company processes can give the appearance of embezzlement when none occurred.
• Illegal search and seizure – If financial records or electronic data were obtained without proper legal procedures, they may not be admissible in court.

Whether you're facing charges in state court or under federal law, you need a legal team that takes an aggressive, detail-oriented approach to your defense. We understand the stakes and work tirelessly to help our clients challenge the evidence, minimize exposure, and pursue favorable outcomes.

Why Hire an Embezzlement Defense Lawyer?

Facing embezzlement charges can feel overwhelming, especially when your future, career, and reputation are on the line. At Hager & Schwartz, P.A., we have years of experience handling complex white collar cases, including embezzlement, financial fraud, and misappropriation of funds. Our legal team understands the technical nature of economic crime cases and knows how to challenge the evidence, question procedures, and build a defense tailored to your situation.

We have a proven track record of defending clients accused of financial crimes at the state and federal levels. With in-depth knowledge of Daytona Beach courts and extensive experience in federal court systems, we can advocate effectively no matter where your case is handled. Our firm takes a personalized approach—every case is different, and we take the time to understand the unique details of your charges before developing a focused legal strategy.

If you are being investigated or have already been charged with embezzlement, do not wait to seek legal help. The earlier you involve a defense attorney, the more options you may have. Contact us for a confidential consultation.