Embezzlement Charges in Florida: State and Federal Cases Explained
Being accused of taking money from an employer, a business, or a client can turn someone’s life upside down almost overnight. Embezzlement allegations often surface after an audit, a bookkeeping review, or an employer’s internal investigation, and they can lead to charges in Florida state court, federal court, or sometimes both.
This post explains in general terms how embezzlement cases are generally handled under Florida law and in the federal system, at the time of this writing. Every case is different and laws change, so the best way to get answers about a specific situation is to call Attorney Ron Frey for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739.
The Laws Involved
In Florida, embezzlement is generally charged under Section 812.014, Florida Statutes, Florida’s theft statute, which covers knowingly obtaining or using someone else’s property with the intent to deprive them of it or to use it without permission. In the federal system, these cases are typically charged under statutes such as 18 U.S.C. § 656 (theft, embezzlement, or misapplication by bank officer or employee), 18 U.S.C. § 666 (theft or bribery concerning programs receiving federal funds), 18 U.S.C. § 1343 (wire fraud), and 18 U.S.C. § 1341 (mail fraud). As always, laws are subject to change and revision, so contact Attorney Ron Frey to discuss the details of your case and the current status of the law.
How Florida Generally Treats Embezzlement
Florida doesn’t have a separate crime called “embezzlement.” These cases are generally charged under Florida’s theft law, which covers taking or using someone else’s property or money without permission. In an embezzlement case, the person usually had lawful access to the money at first, such as an employee, bookkeeper, or manager, and is accused of using it for an unauthorized purpose.
Under Florida law, the value of the money or property involved generally determines how serious the charge is. Smaller amounts may be charged as a misdemeanor, while larger amounts can be charged as felonies with significant potential penalties. Prosecutors may also add related charges depending on how the money was allegedly moved or concealed.
When Embezzlement Becomes a Federal Case
Some embezzlement allegations are investigated and prosecuted federally. That generally happens when the money involves a federally insured bank or credit union, a federal program or grant, an employee benefit or retirement plan, or when the alleged scheme used interstate wires, email, or the mail. Federal prosecutors often charge these cases as wire fraud, mail fraud, or bank-related offenses rather than “embezzlement” by name.
Federal cases are often built through lengthy investigations involving agencies such as the FBI, and they can come with significant potential penalties. In Tampa, federal cases are handled in the Middle District of Florida. Sometimes the same conduct can be charged in state court, federal court, or both. Our page on federal offenses explains more.
How Embezzlement Investigations Often Start
Many embezzlement cases begin quietly. An employer may notice discrepancies during an audit, hire a forensic accountant, or confront an employee directly. Some businesses report the matter to local police or the sheriff’s office, while others go to federal agents. In some cases, the first sign of trouble is a call from a detective, a target letter, or a search warrant.
It’s common for an employer to ask a worker to sign a statement, a repayment agreement, or a promissory note. Attorney Ron Frey generally advises that anyone in this position speak with an attorney before signing anything or making any statements, because those documents and conversations can later become evidence in a criminal case.
What an Embezzlement Defense Generally Looks At
Every case turns on its own facts. In general, a defense may look at whether the person actually had permission to use the money, whether the records are accurate and complete, who else had access to the accounts, and whether the case reflects a business or accounting dispute rather than a crime. Financial records can be complicated, and they don’t always tell the story the accuser thinks they do.
Attorney Ron Frey has over 20 years of experience defending people in both Florida state court and federal court. Drawing on that experience, he generally looks closely at how the investigation began, what records exist, and what the evidence actually shows before advising a client on next steps.
Attorney Ron Frey also brings a strong financial background to these cases. He earned a Bachelor of Science in Business Administration, with a major in finance, and a Bachelor of Science in Economics from John Carroll University, which gives him a solid foundation for understanding the financial records, accounting, and money trails at the center of many embezzlement cases.
Accused of Embezzlement in Tampa? Call Attorney Ron Frey.
If you’ve been accused of embezzlement, contacted by investigators, or asked by an employer to sign a statement or repayment agreement, it’s important to get legal advice early. Attorney Ron Frey represents people facing Florida state and federal charges in Tampa, Hillsborough County, Pinellas County, and the Middle District of Florida. Call for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739. Learn more about our white collar and financial crimes defense.
This post is general information at the time of this writing and is not legal advice. Laws change often, so contact an attorney about your specific situation.