Embezzlement is less common than other, more well-known offences like theft and fraud.
You might not be completely clear with what the prosecutor must prove in order to convict you if you have been charged with the crime.
Embezzlement, according to Minnesota law, is the act of someone who was trusted with money or property that is considered public funds during the course of their employment and it is wrongly converted into their own use.
Therefore, if you are found guilty of embezzlement, it will have serious legal and reputational repercussions for you.
What must a prosecutor prove?
The burden of proof in this case, as in any criminal case, is with the prosecution.
The prosecutor must demonstrate both that you were in legitimate possession of the property and that it was given to you by another person in order to prove embezzlement.
The next step is for them to prove that you wrongfully disposed of the property for your own gain with the intent to permanently deprive the owner of it.
You cannot be convicted of the crime unless the prosecution has established both of the aforementioned elements.
Common embezzlement defenses
There are several valid reasons why an employee might have taken money from a company. When accused with embezzlement, common defences include lack of intent and operating in good faith.
The prosecution may also simply lack the evidence necessary to establish guilt beyond a reasonable doubt.
To present the strongest defence in opposition to the prosecutor’s case, employees who are accused of embezzlement may find it helpful to obtain legal guidance.