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
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 S. v. M.R., the defendant was accused of participating in an interstate fraud scheme which specifically targeted senior citizens. She was formally charged with multiple felony counts in two different states. Although his client had a lengthy criminal record, including a federal robbery conviction, and although she only paid a portion of the total restitution which exceeded $100,000, Attorney Dudley achieved a global settlement of the multi-jurisdictional cases for an aggregate sentence of eight months incarceration.
R.R. worked for an income tax preparation service but came under federal investigation for the submission of false returns and also identity theft. After Attorney Dudley convinced investigating agents that it was her identity that had been stolen by certain operators of that service, the investigation of her ceased and NO CHARGES were ever filed.
U.S. v. V.S. is a pending federal investment fraud prosecution in which the defendant is accused of directing a massive $20,000,000 Ponzi scheme in Northern California by taking advantage of his cultural affinity to approximately 190 supposed victims. Seeking an aggressive defense against those charges, the individual accused in that matter has recently retained Attorney Dudley as trial counsel.
In P. v. S.L., the defendants, husband and wife, were charged with submitting false documents to a governmental agency on behalf of a security company that they owned. Those documents were allegedly presented in furtherance of a worker’s compensation fraud scheme which eventually cost the agency over $200,000. Each defendant was facing a state prison sentence for that purported conduct. Through extended negotiations with the prosecution, Attorney Dudley secured an offer under which the district attorney would dismiss all charges against both of his clients individually in exchange for a felony plea by the company and partial restitution.
In U.S. v. N.B., the defendant was indicted for allegedly assisting her husband in orchestrating a massive immigration fraud scheme involving dozens of sham marriages. Pursuant to the sentencing guidelines and the statutory maximum, she was facing a prison term of five years. Attorney Dudley prepared a written presentation to the United States Attorney’s office detailing the evidential weaknesses of the prosecution’s case against her and various mitigating circumstances which applied to his client. As a result of the letter, the supervising prosecutor in the unit that was handling the case approved a settlement of the matter pursuant to which the defendant would receive a form of deferred adjudication, allowing her to avoid prison time and leaving her with a clean record after satisfaction of the deferment conditions.