Embezzlement, fraud, and insider trading are serious crimes, and they may result in serious penalties if convicted on these charges. The fact that you need a lawyer if the DA charges you with any of these crimes cannot be taken for granted. You have the right to defend yourself against these charges, so don’t throw your rights to the wind and ignore them.
1- Embezzlement
Embezzlement is a form of theft, but it is a more specific crime than theft. Whether or not the perpetrator betrayed a person’s trust is a factor. The relationship between the perpetrator and the victim is also important. Both parties must have a relationship that makes it possible for the perpetrator to commit the crime.
Embezzlement is a white-collar crime. It is when an employee is in charge of assets, and he or she decides to misappropriate or steal them. Embezzlement is a crime for which the DA prosecutes people, so if the DA charges you with embezzlement, you need a lawyer.
When a DA charges you with embezzlement, he or she must prove that there is a relationship between the defendant and the victim where the victim relies upon the defendant. The defendant must have come by the property through the relationship with the victim. The defendant must have acted intentionally, and he or she must have possession of the property but may have destroyed it or given it to another person.
2- Fraud
When someone is dishonest and does not inform another person of what is truly going on so that he can gain something that he would not have been able to gain without the deception, this is “fraud.” The perpetrator knows what the truth is, but the victim does not.
Fraud can be a crime in the state courts, but the federal government also criminalizes fraud. Therefore, the DA charges people with fraud in a state case or a federal case. However, not all fraud charges go to trial. That is because the DA may decide to pursue a settlement to save money and time. If the perpetrator does go to court and loses the case, he or she will very likely spend some time in jail.
To prove fraud, the prosecution must show that the defendant presented a falsity to the victim as the truth. The defendant knew that the falsity was not the truth. The defendant acted as described because he or she intended to trick the victim. The victim must prove that he or she used the information and that she suffered damages because of it.
3- Insider Trading
Insider trading is when a person trades a public company’s stock with information that is not generally known to the public. If the information was not public at the time of trading, it is insider trading and is illegal. Insider trading results in very serious criminal charges, so anyone charged with it needs an attorney. If found guilty of insider trading, the result could be that the person would receive a fine and a jail sentence.
Insiders are very specific groups of people. They include executives, directors and others who have inside information on a company. Insiders are also those who possess more than 10% of the company’s securities, and if they are going to trade their company’s stock, they must file the Statement of Changes in Beneficial Ownership of Securities form two days before they make a transaction. If the person in question fails to do this, he or she is engaging in insider trading.
