Oklahoma City Embezzlement Defense Attorney Adam R. Banner

An embezzlement defense attorney represents individuals charged with misappropriating money or property that was entrusted to them by a client, employer, organization, or public entity. Embezzlement Criminal defense attorneys use a variety of strategies to fight embezzlement charges such as challenging evidence, arguing a lack of entrustment, and negligence. Embezzlement is charged as a misdemeanor or felony depending upon the dollar amount of the misappropriated property. The penalties for embezzlement in Oklahoma include fines, jail-time, and restitution to the victim. The state of Oklahoma enforces harsher penalties for those convicted of embezzling from public institutions.

If you or a loved one has been charged with embezzlement in Oklahoma, time is of the essence. Contact the Law Offices of Adam R. Banner, P.C for a FREE CONSULTATION with one of our experienced white collar crime attorneys. Call us today at (405) 778-4800.

What Are the Legal Defense Strategies for Fighting Embezzlement Charges?

Legal defense strategies for fighting embezzlement charges include challenging the prosecution’s evidence of intent, proving lack of entrustment or ownership, demonstrating lawful use of the funds, identifying accounting errors or mismanagement rather than theft, and negotiating restitution to avoid or reduce criminal penalties.

The defense strategies for fighting charges of embezzlement are listed below.

1. challenging the prosecution's evidence that there was intent
2. proving lack of entrustment or ownership by the victim
3. demonstrating a lawful use of the funds by the accused
4. highlighting accounting errors or negligence rather than theft
5. negotiating restitution with the prosectution to avoid or reduce criminal penalites

What is Embezzlement?

Embezzlement is defined by Oklahoma law (§21-1451v2) as the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose. The actions that qualify as embezzlement include misusing funds held in trust, failing to return leased or rented property, or misappropriating tax revenue collected on behalf of the state. Embezzlement is categorized as a white collar crime due to the non-violent and financial nature of the act.

What Actions Qualify as Embezzlement Under Oklahoma Law?

Under Oklahoma law, embezzlement occurs when a person unlawfully appropriates property or funds that were entrusted to them for a specific purpose or use.

The actions and situations listed below qualify as embezzlement under state statutes.

1. Where the property was obtained by being entrusted to that person for a specific purpose, use, or disposition and shall include, but not be limited to, any funds "held in trust" for any purpose;
2. Where the property was obtained by virtue of a power of attorney being granted for the sale or transfer of the property;
3. Where the property is possessed or controlled for the use of another person;
4. Where the property is to be used for a public or benevolent purpose;
5. Where any person diverts any money appropriated by law from the purpose and object of the appropriation;
6. Where any person fails or refuses to pay over to the state, or appropriate authority, any tax or other monies collected in accordance with state law, and who appropriates the tax or monies to the use of that person, or to the use of any other person not entitled to the tax or monies;
7. Where the property is possessed for the purpose of transportation, without regard to whether packages containing the property have been broken;
8. Where any person removes crops from any leased or rented premises with the intent to deprive the owner or landlord interested in the land of any of the rent due from that land, or who fraudulently appropriates the rent to that person or any other person; or
9. Where the property is possessed or controlled by virtue of a lease or rental agreement, and the property is willfully or intentionally not returned within ten (10) days after the expiration of the agreement.

Embezzlement does not require a distinct act of taking, but only a fraudulent appropriation, conversion, or use of property. In this sense, a person can find themselves charged with criminal liability for embezzlement in Oklahoma even if they haven’t “stuck their hands in the company cash register.”

Is Embezzlement Considered a White Collar Crime?

Yes, embezzlement is considered a white collar crime because it is non-violent, financially motivated, and generally committed by those in positions of trust such as a business, government, or other organizational setting. Like other white collar crimes, embezzlement involves deceit, concealment, and a breach of duty for personal financial gain.

What Are the Penalties for Embezzlement in Oklahoma?

The penalties for embezzlement in Oklahoma vary based on the dollar value of the property that is embezzled. Cases in which the amount embezzled is less than $1,000.00 will result in misdemeanor charges and is punishable by a fine of up to $1,000.00, up to one (1) year in the county jail, or both a fine and imprisonment. If the value of the stolen property exceeds $1,000.00 the offense is classified as a felony.The punishments for felony embezzlement range from up to two (2) years in prison and a $5,000 fine for amounts between $1,000 and $2,499, to up to eight (8) years in prison and a $10,000 fine for amounts exceeding $15,000. All embezzlement convictions require restitution to the victim.

The tabel below outlines the maximum fines and imprisonment terms for embezzlement in Oklahoma, categorized by the dollar amount embezzled as defined under Oklahoma Statutes Title 21 § 1451v2.

To make it easier for the prosecution to prove up the dollar amount necessary for a specific range of punishment, the legislature has allowed for the aggregation of a series of events involving embezzlement into one charge if and when those events were part of a common plan or scheme or when the crime occurred on a reoccurring basis.

What Are the Penalties for Embezzlement by State or County Officials in Oklahoma?

Moreover, county or state officers, deputies, and employees who embezzle funds appropriated for a specific purpose face the harshest potential punishment. Those individuals are put in a place of extreme trust, and any misappropriation comes at a cost to the public at large. If and when such an individual is convicted, they face up to ten (10) years in prison and a fine of up to triple the amount they embezzled.  

In addition to fines and potential prison time, if you are convicted of embezzlement or any other white collar crime, you will likely be ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes.

It is important to note that restitution (the amount lost and owed) may be litigated separately from the guilt/innocence aspect of criminal charges. Just because you might be guilty of the crime, it does not necessarily mean you are responsible for all the alleged loss.

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