Embezzlement can be both a state crime and a federal crime depending on what is being embezzled. Typically, if someone embezzles money from the federal government, from a federal government agency, or from a private company working under contract of the federal government, then it may be considered a federal crime. In some cases, embezzlement may be both a state crime and a federal crime because the laws can overlap. Continue reading
If you are the subject of a federal embezzlement case, there are some things you may want to know about the process from the initial investigation to the trial. Generally, you will first be made aware of a federal embezzlement case against you when you receive a target letter from the United States Attorney’s Office. In most cases, this letter simply is intended to make you aware that you are being made the target of a grand jury investigation being conducted by the federal government. Continue reading
Embezzlement and fraud are two ideas which are very closely related. In fact, fraudulent intent is a key element in many embezzlement cases. Many individuals believe that fraud and embezzlement really denote the same thing. However, they are not actually the same thing. Fraud is when an individual intentionally misleads or cheats someone else (usually for monetary gain). On the other hand, embezzlement is when an individual is entrusted with a certain asset and intentionally withholds that asset and takes it for him/herself. Continue reading
In U.S. v. S.G., the defendant was detained at an Albuquerque Greyhound bus station while traveling across the United States. A subsequent search of her person revealed that she was carrying several kilograms of heroin strapped to her body. Charged in federal court with possessing that heroin for distribution, she was facing a ten-year mandatory minimum sentence. Prior to filing a motion to suppress evidence, Attorney Dudley presented to the prosecutor his claim that the detention and search of his client had been illegal. To avert litigation of that motion, the government agreed to a settlement under which the defendant pleaded guilty to a lesser offense and faced no more than 27 months imprisonment. At sentencing, the prosecution strongly argued that the defendant was deserving of the full 27-month possible term. Countering that argument with the presentation of a psychological assessment which diagnosed the defendant as suffering from multiple psychopathological conditions brought on largely by childhood neglect and abuse, Attorney Dudley was able to persuade the Court to limit his client’s sentence to one year and one day of incarceration.
In U.S. v. J.H., the defendant was accused of conspiring to distribute multi-kilogram quantities of cocaine, heroin, and methamphetamine to Alaska. Although the defendant faced a ten-year mandatory minimum sentence with substantial Title III wiretap evidence against him, Attorney Dudley was able to use the safety valve provisions of the federal sentencing guidelines and a number of mitigating circumstances personal to his client to obtain a disposition under which the district court ultimately imposed a sentence of only 30 months.
R.B. is a medical doctor who was accused in Texas of distributing counterfeit merchandise in violation of federal and state laws. To protect his client from possible criminal prosecution and the ramifications that such prosecution would have had for both his liberty and professional license, Attorney Dudley was able to resolve the matter through an early and quick civil settlement.
In P. v. D.E., the defendant was arrested after allegedly helping to load over 400 pounds of marijuana into a mini-van. Charged with two drug-trafficking counts, he was facing years of jail time. At preliminary hearing, however, Attorney Dudley was able to decimate the prosecution’s case resulting in an immediate DISMISSAL of all charges.
In S. v. W.R., the defendant was charged with possessing for distribution almost half a kilogram of cocaine in Houston, Texas. Although he had no felony record, the defendant was out on bond for a murder case in Dallas at the time of his drug arrest. The district attorney’s initial settlement offer was for eight years in state prison. After Attorney Dudley successfully prosecuted a search and seizure motion that led to the suppression of an important part of the case against his client, the case was resolved for an actual sentence of only six months.
In P. v. C.S., a young woman with no criminal record at all was arrested at a hotel and charged with a prostitution offense. If convicted of that specific charge, she would have been unable to secure the job she was seeking in the airline industry. Attorney Dudley, however, persuaded the city attorney to accept a plea of no contest to a trespassing charge. After the defendant completed a short period of summary probation, Mr. Dudley successfully moved to DISMISS the case. That dismissal allowed his client to keep her newly acquired job and pursue the career she wanted.
In U.S. v. $29,000, a man traveling from Chicago to Los Angeles was stopped by DEA agents at an airport. When asked to consent to a search of his bag, he agreed. From the bag, the agents seized approximately $29,000 in cash. Attorney Dudley provided some, but by no means definitive, documentary evidence to the government demonstrating that his client had lawfully earned the money through gambling in Las Vegas. To avoid extended litigation of the claim, government counsel agreed to a quick settlement of the matter for half of the seized currency.