Misappropriation of funds is a crime in Maryland. The crime is more commonly known as embezzlement. Misappropriation of funds is made criminal by Md. Criminal Code, § 7-113, which defines the crime as having the following elements;

• Misappropriation of or hiding of
• Funds or anything of value
• Held in trust or in some fiduciary capacity
• With the intent to use the funds or thing of value contrary to the fiduciary duties
• Through some sort of fraud or deceit

Misappropriation of funds is a form of theft, but is different in two key respects. First, the crime — as noted above — involves some breach of a duty of trust or of a fiduciary duty. Second, the crime does not involve any form of violence or threat of violence. Misappropriation of funds is typically considered a “white collar crime” and often involves financial institutions, insurance companies, investment companies, etc.

The crime is considered a misdemeanor under Maryland law and, if convicted, the accused faces imprisonment for not less than 1 year and not exceeding five years. The exact sentence will vary depending on a number of factors such as the value of the funds taken, the nature of the relationship of trust, whether the accused has a prior criminal record, etc.

If you have been charged with misappropriation of funds or are being investigated for the crime, you need a consultation with an experienced and trusted Maryland financial crimes criminal defense lawyer. A good criminal defense enhances your odds of avoiding jail time and other serious life consequences. Call or contact us here at the Law Office of Robert Castro. We are experienced and trusted Charles County, Md., white collar criminal defense attorneys. Contact us by calling our number (301) 870-1200 or using our contact page. We have offices in Waldorf, MD, and are available 24/7.

Possible criminal defenses

Any potential criminal defense will depend on the facts of the case. A defense cannot be asserted unless there are facts to support the defense or other legal grounds. That being said, one common defense is failure of proof. This is a legal way of saying that the prosecuting attorneys failed to prove each necessary legal element beyond a reasonable doubt. Financial crimes are difficult to prove, and the prosecutors may not be able to prove that any funds or thing of value was misappropriated. Typically, a financial crime cannot be proven without a forensic audit by persons with expertise in discovering the taking or diversion of funds. The necessity for expert reports and testimony can confuse a jury and cause a failure of proof.

Other defenses might involve claims of mistake, lack of relationship of trust, consent by the owner of the funds/thing of value to the taking and use of the funds, apparent consent or authorization, and more.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.