Embezzlement: Criminal Law and Expert Witness

Topics: Criminal law, Law, Crime Pages: 3 (1006 words) Published: July 2, 2012
Embezzlement is a white-collar crime, it mostly occurs in corporations when a person uses the funds or assets of the employer for individual interests. Embezzlement is also common when we refer to the misappropriation of public funds. This usually occurs when the culprit has permissible access to the property and funds, as he or she has been entrusted with its handling and care. Embezzlement is a serious crime that carries penalties in both the civil and criminal court. Employees who care for public funds are most likely to be given harsh punishment, keeping in mind the severity and repercussions of the crime.   There are three major differences between civil court and criminal court in embezzlement. Firstly, in civil law, a case starts when a complaint is filed by a party, which may be an individual, an organization, a company or a corporation, against another party.  “Civil fraud trials are typically started by the party suffering the loss and may result in a judgment for reimbursement for actual losses and attorneys' fees. Civil trials do not result in imprisonment. Criminal fraud involves violation of a law (known as a statute) enacted by the state or federal legislation. Criminal fraud is prosecuted by the state and may result in punishment, such as fines, restitution, and/or prison time” (Hanson).  In most cases, criminals face criminal charges first, and then move on to civil court later so that the company can reclaim what it lost. In other words, you will likely be in jail with no money for the commissary. Secondly, “in a criminal court case, the prosecutor must establish the guilt of the defendant, but in a civil court case, the plaintiff must only establish the liability of the defendant. In the former, the defendant is either guilty or not guilty of a crime, while in the latter, the defendant is either responsible or not for monetary damages suffered by the plaintiff. In civil court cases, the plaintiff should only win by a preponderance of evidence,...
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