Embezzlement Defense Attorney in Massachusetts
The Law Office of Nicholas P. Frye, P.C. provides dedicated and personalized criminal defense legal representation for clients in the Commonwealth of Massachusetts and the State of New Hampshire, in both State and Federal courts.
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Under Massachusetts General Laws Chapter 266, Section 30, embezzlement is a serious felony offense involving the alleged misuse or misappropriation of funds or property that were lawfully entrusted to an individual. These cases are commonly classified as white-collar crimes and often arise in employment, business, or fiduciary settings.
Because embezzlement charges frequently stem from internal disputes, accounting discrepancies, or financial misunderstandings, intent is often the central issue in the case.
Do Not Go to Court Without Legal Representation
If you are under investigation or charged with embezzlement, do not speak with law enforcement, employers, or auditors without an attorney present.
Financial crime investigations often involve detailed document review, recorded statements, and forensic accounting analysis. Early representation is critical to protect your rights and to prevent statements or incomplete records from being misinterpreted as evidence of criminal intent.
What the Commonwealth Must Prove
To obtain a conviction for embezzlement, the prosecution must prove beyond a reasonable doubt that:
- You had lawful possession of or access to the funds or property;
- You converted or diverted those assets for personal use; and
- You intended to permanently deprive the rightful owner of the property.
Without proof of both unlawful conversion and intent to permanently deprive, an embezzlement charge cannot stand.
Penalties and Consequences
If the value of the property exceeds $250, penalties may include:
- Up to 5 years in state prison or 2 years in jail
- A fine of up to $25,000
If the value of the property is less than $250, penalties may include:
- Up to 1 year in jail
- A fine of up to $300
Enhanced penalties may apply in cases involving public funds, prior convictions, or elderly or disabled victims.
In addition to incarceration and fines, embezzlement convictions can result in restitution orders, professional licensing consequences, employment termination, and long-term reputational harm.
Common Examples of Embezzlement
Embezzlement allegations can arise in a variety of settings, including:
- Corporate or business environments, where an employee with financial oversight is accused of diverting company funds;
- Non-profit organizations, where donated funds are allegedly misused;
- Professional or fiduciary roles, such as financial advisors, trustees, or accountants accused of misusing client assets.
In many cases, the issue is not theft, but disputed bookkeeping practices, unclear authorization, or financial mismanagement.
The Importance of Immediate Legal Action
Embezzlement cases often depend on financial records, audit findings, transaction histories, and internal communications. A strong defense may involve challenging the prosecution’s valuation of losses, disputing intent, exposing accounting errors, or presenting legitimate business explanations for questioned transactions.
Early intervention may also create opportunities for restitution-based resolutions or charge reductions before a case escalates.
At The Law Office of Nicholas P. Frye, we carefully analyze every document, challenge forensic accounting conclusions, and aggressively defend clients facing embezzlement and other white-collar charges. Our goal is to protect your rights, your reputation, and your future.
