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CA - Theft by Embezzlement - Case Pending

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rollthedice

Junior Member
Pre-Trial in California

I was appointed treasurer of the Masonic Building Association for my local Masonic Hall. I was given full signing authority on the business checking account. My responsibilities included payroll, petty cash reimbursement and accounts payable. I ran into some unforeseen circumstances and made an executive decision to write myself a check from the business account, as a short tem loan. Unfortunately, I was unable to repay the debt promptly. I immediately brought the problem to the attention of several other association members. I provided them with all of the check copies and a consolidated list of my debt. I was told that things would be "worked out". I went to the next business meeting and apologized openly about this incident and offered up a payment in good faith. The payment was denied.

Next thing I know I am getting arrested at work and I am blackballed from the Masonic Lodge. The members are telling me that I need to talk to my lawyer. My laywer has me pinned as admitting guilt to felony embezzlement and the DA is unwilling to negotiate. They are offering a reduction to a misdemeanor after restitution is paid if I plead guilty to a felony. I will not plead guilty to a felony so it looks like we are going to trial. My attorney thinks that we have no defense because it’s obvious that I wrote the checks. I am not disputing the fact that I owe the money, I am disputing the fact that I embezzled it. From what I understand my intent is the question. My intent was to repay the debt as quickly as possible. If I had, we certainly would not be in court. I never set out to maliciously defraud the institution.

As a side note, I have a stable career as an Anti Money Laundering Investigator with a large financial institution. An assault case would put me in a better position than this. My degree, career and future are at stake.

Should I roll the dice and go to trial against a jury of my peers? Should I attempt to negotiate for a better deal? If so, How? Should I request that the case be moved to civil court? :)

Any advice would be greatly appreciated. Thanks!
 


Ozark_Sophist

Senior Member
Take the deal. You are guilty and a jury of your peers will see to it you go to prison or at least have a felony on your record. Sounds like the deal is the best thing because once restitution is made the felony reverts to a misdemeanor. Just about every embezzler claims "it was just a loan and i intended to pay it back." They are all guilty.

How much money did you take? And why would you rather pay a lawyer than repay what you stole?
 

Zigner

Senior Member, Non-Attorney
From what I understand my intent is the question.
Your intent was to take money for your own use in violation of the trust that had been placed in you. That pretty much defines "embezzlement". Whether you intended to pay it back or not is totally irrelevant to that act you committed.
 

Kane

Member
I think you're pretty much washed up, dude. My brief CA law search finds:

512. The fact that the accused intended to restore the property
embezzled, is no ground of defense or mitigation of punishment, if it
has not been restored before an information has been laid before a
magistrate, or an indictment found by a grand jury, charging the
commission of the offense.



513. Whenever, prior to an information laid before a magistrate, or
an indictment found by a grand jury, charging the commission of
embezzlement, the person accused voluntarily and actually restores or
tenders restoration of the property alleged to have been embezzled,
or any part thereof, such fact is not a ground of defense, but it
authorizes the court to mitigate punishment, in its discretion.
Your defense is that you intended to give the money back (some day).

As far as I can tell from CA law, this isn't even a defense in CA. (And if it was, it seems like your lawyer would know about it.)

Plus, the truth is, nobody's going to buy the "I meant to pay it back" defense, anyway.

I don't understand how somebody with "a stable career as an Anti Money Laundering Investigator" could think it's ok to take money out of somebody else's treasury, and I don't understand why you say the state's not negotiating, when in the next sentence you say they've offered to reduce it to a misdemeanor.

It sounds like you better turn this case over to your lawyer, because you don't seem to be thinking straight yourself.
 

weenor

Senior Member
Sounds like the deal is the best thing because once restitution is made the felony reverts to a misdemeanor. QUOTE]

Ozark you need to cite the law on that one...I have never seen a felony reverted to a misdemeanor upon payment of restitution.
 

Ozark_Sophist

Senior Member
Sounds like the deal is the best thing because once restitution is made the felony reverts to a misdemeanor. QUOTE]

Ozark you need to cite the law on that one...I have never seen a felony reverted to a misdemeanor upon payment of restitution.
From my understanding and interpretation of the OP, the DA is willing to delay prosecution on the felony charge per a plea bargain requiring restitution. If OP does not fulfill restitution requirements within the set time period, the DA proceeds with the felony. If OP pays restitution, the DA proceeds with the misdemeanor.
 

Bretagne

Member
Sounds like the deal on the table is: plead to felony, court withholds acceptance of plea pending probationary period, after probation successfully completed (including restitution) adjudication entered as to misdemeanor.

That's a pretty darn good deal. OP can forget about ever working as "Anti Money Laundering Investigator" or for a "large financial institution" ever again, though.
 

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