Washington DC Embezzlement Lawyer

Embezzlement is one of the most serious white collar charges you can face in Washington, DC. It is a crime of trust, an allegation that you took money or property that was placed in your care and used it for your own benefit. These charges are career-ending, reputation-destroying, and prosecuted aggressively by both DC and federal authorities.

If you are under investigation or have been charged with embezzlement in Washington, DC, you need an experienced DC embezzlement lawyer who understands the complexity of these cases and how to build an effective defense. The Law Offices of Krum, Gergely & Oates defends clients against embezzlement and financial crime charges across Maryland, Virginia, and Washington, DC. Call (301) 840-0080 or fill out our contact form for a free consultation.

What Is Embezzlement Under DC Law?

Embezzlement is a form of theft that involves the fraudulent appropriation of property or funds by someone who was entrusted with them. Unlike ordinary theft, where the defendant never had lawful possession of the property, embezzlement begins with legitimate access, and the crime occurs when that access is abused for personal gain.

In Washington, DC, embezzlement is prosecuted under the theft statutes. D.C. Code § 22-3211 defines the offense, and D.C. Code § 22-3212 sets the penalties. The offense is committed when a person who lawfully receives or has custody of another person’s property, through their employment, a fiduciary relationship, or another position of trust, wrongfully uses or appropriates that property with the intent to deprive the rightful owner of it.

Common examples of conduct charged as embezzlement include:

• An employee diverting company funds into a personal account
• A financial advisor misappropriating client investment funds
• A nonprofit employee using organizational funds for personal expenses
• A bookkeeper falsifying records to conceal unauthorized withdrawals
• A cashier skimming cash from register transactions

Penalties for Embezzlement in DC

Because embezzlement is prosecuted as theft under DC law, the penalties under § 22-3212 are determined by the value of the property involved:

• Less than $1,000: Second-degree theft, a misdemeanor carrying up to 180 days in jail and a $1,000 fine
• $1,000 or more: First-degree theft, a felony carrying up to ten years in prison
• Cases involving very large sums, multiple victims, or a pattern of conduct over time are treated as more serious and can result in enhanced sentencing

Additionally, under § 22-3212(c), defendants with two or more prior theft convictions can be charged with felony theft regardless of the value of the property involved, with a mandatory minimum of one year and a maximum of 15 years in prison.

When embezzlement involves federal programs, federal agencies, or federal funds, the case is likely to be prosecuted federally rather than in the DC Superior Court. Federal embezzlement charges carry significantly higher penalties, up to 30 years in prison in the most serious cases.

When Embezzlement Cases Go Federal

DC’s unique status means embezzlement cases here are particularly likely to attract federal prosecution. Federal charges become more likely when:

• The alleged theft involved federal funds or federal program money
• The employer is a government contractor, federal agency, or federally regulated financial institution
• The scheme involved the use of electronic communications, triggering wire fraud charges
• The amounts involved are substantial
• The conduct spanned multiple jurisdictions

Federal embezzlement can be charged under several statutes, including 18 U.S.C. § 666 (theft from programs receiving federal funds), 18 U.S.C. § 1343 (wire fraud), and others. Federal sentences are governed by the U.S. Sentencing Guidelines, which calculate recommended sentences based on the amount of loss, meaning large-scale embezzlement can result in advisory sentences of multiple years even for first-time offenders.

Building a Defense Against Embezzlement Charges

Challenging Intent

Under D.C. Code § 22-3211(b), the intent element in an embezzlement case is broader than many people assume. The statute covers intent to deprive the owner of the right to or benefit of the property, as well as intent to appropriate the property to one’s own use. This means the government does not need to prove you intended to keep the property forever. Even temporary unauthorized use, or use that you believed you would eventually make good on, can satisfy the intent requirement under DC law.

That said, intent is still a contested element that must be proven beyond a reasonable doubt. Many embezzlement cases involve conduct that was authorized, or that the defendant genuinely believed was authorized, under the terms of their employment or agreement. If you had a good faith belief that your use of the funds was permitted, whether based on a practice within your workplace, an informal arrangement, or an ambiguous authorization, that goes directly to whether criminal intent existed. Your attorney will evaluate what evidence exists regarding your state of mind and how to present it most effectively.

Challenging the Evidence of Misappropriation

Embezzlement cases are built on financial records, accounting analysis, and documentation of transactions. These records can be complex, incomplete, or subject to multiple interpretations. An experienced attorney will engage in a thorough review of the financial evidence to identify errors, alternative explanations, or weaknesses in the government’s accounting.

Unauthorized Use vs. Embezzlement

In some cases, what is charged as embezzlement actually reflects a disputed business arrangement, an informal loan, a compensation dispute, or a misunderstanding about expense authorization. Your attorney can present evidence of the underlying business context to challenge whether the conduct truly constituted criminal misappropriation.

Restitution as a Mitigating Factor

In cases where the evidence is strong, proactive repayment of funds and cooperation with the employer or victim can sometimes be a factor in negotiating a more favorable resolution, potentially avoiding conviction or reducing sentencing exposure. Your attorney can advise you on when and how this strategy is appropriate, given the specific circumstances of your case.

Consequences of an Embezzlement Conviction

An embezzlement conviction in DC carries consequences that go well beyond imprisonment and fines:

• Professional licenses in law, accounting, finance, healthcare, and real estate are typically revoked following an embezzlement conviction, precisely the fields where embezzlement charges most commonly arise
• A federal conviction results in a permanent bar from certain government employment and contracting
• Civil restitution orders can require repayment of the full amount alleged, plus interest
• The reputational damage from an embezzlement charge is severe and lasting, even if the case is ultimately resolved favorably
• Non-citizens face deportation consequences
• Employment background checks will reflect the conviction indefinitely

Why Choose Krum, Gergely & Oates?

The attorneys at the Law Offices of Krum, Gergely & Oates have defended clients against embezzlement and financial crime charges in the DC Superior Court and federal court. We approach these cases with the same rigor and preparation we bring to every matter: careful review of financial evidence, aggressive challenge of unlawfully obtained records, and strategic negotiation when it serves our clients’ best interests. We understand that an embezzlement charge affects not just your freedom but your entire professional life, and we fight accordingly.