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Milwaukee embezzlement defense lawyer white collar crimeBy Ray Dall’Osto and Brianna Meyer

If you pay attention to the news, you will often see stories about an employee being charged with embezzlement. A common embezzlement fact pattern involves an office manager or bookkeeper who is accused of diverting their employer’s money to his personal account, often in small increments over a long period of time, or charging and purchasing personal items using the employer’s credit. Another situation involves a company officer, attorney, or trustee who diverts funds they are entrusted with for their personal use or for another, without the company’s or client’s knowledge and permission.  

By the time the employer or entity detects possible impropriety and embezzlement, thousands to millions of dollars will have gone unaccounted for. A 2017 study of embezzlement cases nationally found the median loss to be at $300,000 and the average loss over $1 million.

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Wisconsin defense attorney, Wisconsin criminal lawyer, criminal lawAt first glance, the term larceny (theft) might seem pretty straightforward. However, under Wisconsin state law, there are a number of actions that could constitute charges of theft. It is important to understand these statutes, and their definitions, when facing such charges. You may also find it beneficial to know what the consequences may be, should you be convicted. Definition of Theft under Wisconsin State Law In the state of Wisconsin, theft or larceny can be defined as any act that includes:
  • Intentionally taking the movable property of another person without their consent with the intent of permanently depriving them of that property;
  • Converting the use of property from one person to another without the owner’s consent, including (but not limited to) doing so because of a person’s office or position;
  • Intentionally taking property from someone with the right to own it without consent;
  • Obtaining the title to another person’s property through deception or false representation with the intent to defraud;
  • And intentionally failing to return personal property obtained through a lease or rental agreement.
Larceny Penalties in Wisconsin Like most states, Wisconsin classifies theft offenses based on the value of property and/or according to the type of property involved. This means that larceny charges may classify as a citation, a misdemeanor or a felony. Consequences could include forfeitures/fines, imprisonment, or both. If convicted, a defendant may also be faced with an order of restitution and fines relating to expenses or losses incurred by the store owner. Juvenile Larceny Charges Even if the person convicted of theft is a minor, with no income of their own, parents or guardians may be held civilly liable for damages or losses incurred, including the retail cost of merchandise or property, damages or a civil penalty that can be up to two times the total retail value of the merchandise, and any costs incurred by the shop owner in their pursuit of civil action. Repeat Theft Charges in Wisconsin While Wisconsin state law does not specifically cover repeat larceny offenses, the state is authorized to seek harsher consequences if a defendant has prior criminal convictions on their record. Furthermore, a prior record is often weighed heavily in the courtroom, potentially increasing a risk of conviction and the subsequent consequences. Do Not Face Criminal Charges Alone

Whether you already have a record or are facing your very first charge, it is important to seek skilled and professional help. At Gimbel Reilly Guerin & Brown, LLP, we take your situation seriously. Through effective communication, resourceful defense tactics, and sheer determination, we will ensure your rights are protected and work toward the very best possible outcome for your particular situation. Ask how our dedicated Milwaukee criminal defense attorneys may be able to help you by scheduling a consultation. Call 414-271-1440 today.

Source:

https://docs.legis.wisconsin.gov/2005/statutes/index/index/l/larceny

Wisconsin defense attorney, Wisconsin criminal lawyer, Wisconsin criminal lawsThroughout history, theft has been interchangeably identified as larceny. Under Wisconsin law, a larceny or theft is committed when an individual intentionally “takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property.”

If you or someone you loved was wrongly charged with committing a theft, you should contact an experienced theft defense attorney who will evaluate your case and advise you of the best course of action depending on the circumstances of your case.

Elements of Theft

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Posted on in Criminal Defense

Wisconsin criminal defense attorney, Wisconsin defense lawyer, criminal definitionThe law has a reputation for being at times needlessly complex and confusing. It is hard to find somewhere where this reputation is more deserved than the law of theft. At its heart, theft is the act of taking something that belongs to someone else, but the law of theft is much more complicated. It draws distinctions between many different things like theft, robbery and burglary.

The issue is that some of these distinctions are very sensible, but others are just historical accidents. Some of the distinctions arise because of the law's concern that certain types of theft are more dangerous to citizens or society. Others are the result of how the law of theft developed, as a result of arcane distinctions between different courts in medieval England. Fortunately, most of this latter type of distinction has been consolidated into the crime of theft under Wisconsin law.

Theft

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