False pretenses and embezzlement or “white collar crimes” are non-violent crimes that generally take place when individuals, entrusted with others property, decides to violate that trust and keep the property for their own use. It is often carried out by employees or managers of banks or financial institutions that routinely have access to cash or other items of value and exceed their authority by converting the property to their own use. There has been a recent spike in these type of crimes in Raleigh and the surrounding areas that one could attribute to the worsening economic times. If you’ve been charged with such a crime, Attorney Nick Saparilas in Raleigh can provide the legal defense you need in fraud, embezzlement and false pretense cases.
False pretenses is a crime where someone makes a “material misrepresentation” in order to obtain money or valuables. The misrepresentation must be material, such as a reason to induce the person to part with his property or money. The reason the person entrusts the money is based solely on the misrepresentation and the individual would otherwise not have done so, but for that reason. False Pretenses is a serious offense and is a felony in Raleigh and all of North Carolina.
Embezzlement occurs when a person is rightfully entrusted with funds or property but converts them to his/her own use. These crimes occur most often in the workplace, when employees misuse the companies property of funds. It is generally one of the hardest crimes for the state of North Carolina to prove, because of the very nature of the defense. Likewise, an individual convicted of Embezzlement could face very serious penalties. If the taking is less than $100,000.00 then the crime under North Carolina Law is punishable as an “H” felony where the person could get active time or probation depending on the circumstances and his/her individual record. If the amount taken is greater than $100,000.00 then the State of North Carolina can proceed under a “C” felony, which if found guilty would consist of mandatory jail time.
If you are facing a state or federal fraud, embezzlement, and/or false pretenses charge, Nick Saparilas has the experience you can rely on. Nick has successfully defended many Raleigh and North Carolina clients for these types of serious charges. Please call our office today at (919) 832-2280 or contact us to schedule a free consultation.