Embezzlement Defense Attorney Massachusetts
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Embezzlement in Massachusetts means converting money or property that was entrusted to you, and depending on the charge and your role, the maximum upon conviction ranges from 1 year to life in state prison. We defend people facing these charges in District and Superior Courts throughout Greater Boston and Eastern Massachusetts.
Over 30 Years Defending Embezzlement Charges in Massachusetts Courts
Embezzlement charges in Massachusetts arise when someone trusted with another person's money or property is accused of converting it, and depending on the charge and the person's role, the maximum upon conviction ranges from 1 year to life in state prison. Most cases are charged as a form of larceny. We have defended people facing these charges for over 30 years throughout Greater Boston and Eastern Massachusetts, as part of our financial crimes practice.
Understanding Your Situation
An embezzlement accusation often comes from someone you worked with or trusted, after an internal review you may not have known was happening. By the time you hear about it, the other side may already have gathered documents and drawn conclusions.
If you are reading this, you may be worried about your job, your license, your family, or what people now think of you. Many of the people we defend are good people who have had a really bad day, and a charge is the beginning of the story, not the end of it.
Two things about Massachusetts law surprise many people. Sloppy records or a debt you owe someone are not embezzlement without proof that the property was entrusted to you and that you meant to keep it. But an intent to repay later is not a defense, so how you respond now matters.
Understanding Embezzlement Charges in Massachusetts
If you are looking at charging documents that mention embezzlement, the first thing to understand is that Massachusetts treats most embezzlement as a form of larceny. Separate statutes apply, with different penalties, when the person charged was a fiduciary, a broker, a bank employee, or a public official.
For larceny by embezzlement, the Commonwealth must prove three things beyond a reasonable doubt: that you were entrusted with another person's property while in a position of trust or confidence, that you took, hid, or converted it without the owner's consent, and that you intended to deprive the owner of it permanently.
Larceny by Embezzlement
Larceny by embezzlement is punished under the same general larceny statute as stealing. Upon conviction, property worth more than $1,200 is a felony carrying up to 5 years in state prison, or a fine of up to $25,000 and up to 2 years in jail. Property worth $1,200 or less is a misdemeanor carrying up to 1 year in jail or a fine of up to $1,500.
The relationship matters. Embezzlement requires a relationship of trust, such as an employee handling an employer's money, not simply a debt owed between two people. The Commonwealth does not have to prove you personally benefited, and a series of takings as part of a single scheme can be charged as one offense.
When the owner is 60 or older or has a disability, the felony line drops to $250 and the maximum rises to 10 years in state prison. These cases often involve caregivers or family members managing an older relative's money, which we cover on our elder larceny page.
Embezzlement by Fiduciary
A separate statute applies to trustees under a written trust, guardians, conservators, executors, administrators, and anyone to whom such a trust has passed. The Commonwealth must prove the fiduciary role, that you held property for someone else's benefit, that you converted it without the beneficiaries' consent or legal authority, and that you acted with fraudulent intent.
Upon conviction, fiduciary embezzlement carries up to 10 years in state prison, or a fine of up to $2,000 and up to 2 years in jail. These cases often turn on the trust document, court appointment papers, accountings, and what the fiduciary was actually allowed to do.
Embezzlement by Corporate Officer or Broker
Another statute applies to brokers, and to officers, managers, or agents of a company in the brokerage business, who were given money, stock, or securities with written instructions for how to invest, apply, or deliver them. The offense is converting that property in bad faith and contrary to those written instructions.
Upon conviction, it carries up to 5 years in state prison, up to 2 and a half years in jail, or a fine of up to $500. The written instructions themselves are often the center of the case.
Embezzlement by Bank Officer or Employee
An officer, director, trustee, agent, or employee of a bank who fraudulently converts money or securities belonging to the bank or its depositors is guilty of larceny from the bank, whether or not they were entrusted with custody of it. Anyone who knowingly helps is covered as well.
Upon conviction, bank embezzlement carries up to 15 years in state prison, or a fine of up to $2,000 and up to 2 and a half years in jail.
Embezzlement by Public Official
A city, town, or county officer who embezzles or fraudulently converts property belonging to the municipality or county faces up to 10 years in state prison, or a fine of up to $1,000 and up to 2 years in jail, upon conviction.
A person employed in the state treasury who commits fraud or embezzlement there faces the most severe penalty in this area of law: up to life in state prison, or a fine of up to $2,000.
Potential Consequences Under Massachusetts Law
We know you are already worried about what could happen, particularly if the alleged loss is large or a former employer has spent months building a case. The consequences depend on which statute is charged, the value involved, and your role at the time.
Penalties upon conviction: General embezzlement of $1,200 or less is a misdemeanor carrying up to 1 year. Above that line, it is a felony carrying up to 5 years in state prison. The special statutes range from 5 years for broker cases to 10 years for fiduciary, municipal, and elder cases, 15 years for bank cases, and life for state treasury cases.
Restitution: Anyone who lost money has a legal right to ask that repayment be ordered as part of any disposition. An intent to repay is not a defense to the charge, so any repayment should be discussed with your lawyer first.
Resolution without a conviction: In the District Court, a continuance without a finding may be available. The case is continued on conditions and dismissed if those conditions are met, with no conviction entered.
Your record: A conviction can generally be sealed after 3 years for a misdemeanor and 7 years for a felony if other conditions are met, which we explain on our record sealing page.
Work and immigration: Because embezzlement involves a breach of trust, a conviction can affect professional licenses and jobs that depend on trust. If you are not a U.S. citizen, even an admission to sufficient facts can carry immigration consequences, so that must be reviewed before any plea.
A charge is not a conviction. The Commonwealth must prove every element beyond a reasonable doubt, and these cases usually turn on authorization, intent, and the nature of the relationship.
Possible Defenses Under Massachusetts Law
Right now this may feel hopeless, especially if a former employer or family member has already pointed to the records. Records show where money went, but not necessarily whether you were allowed to move it or what you intended, and those are what the Commonwealth has to prove.
Authorization: If the owner consented to the use of the property, or you had authority to use it the way you did, the conversion element fails. Written policies, past practice, and instructions from supervisors can all be evidence of what was allowed.
Honest claim of right: An honest and reasonable belief that you were entitled to the money, such as in a dispute over pay, commissions, or partnership distributions, negates criminal intent.
No trust relationship: Embezzlement requires that the property was entrusted to you. Money owed on a loan or an unpaid debt is a civil matter, not embezzlement.
The special statute does not fit: For the fiduciary, broker, bank, and public-official statutes, the Commonwealth must prove the specific role. If that role is not established, the higher penalty does not apply.
No proof of conversion: Disorganized records, shared accounts, and unexplained shortfalls are not the same as proof that you took the property. A careful review of the records can sometimes explain apparent discrepancies.
Disputed value: The felony line depends on value, and the Commonwealth must prove value beyond a reasonable doubt. Inflated estimates, double counting, and legitimate pay included in the loss figure can all be challenged.
Unlawful searches and statements: Searches of phones, computers, and homes must comply with constitutional protections, and statements made to police can raise constitutional issues too. Evidence gathered unlawfully can be challenged and, in some cases, suppressed.
Every case is different, and the right defense depends on your facts. Call (978) 969-2890 to talk through yours.
When an Embezzlement Case Starts Before Any Charge
Many embezzlement cases begin with an internal audit, a termination meeting, or a demand letter from a lawyer rather than an arrest. What you do in that stretch can shape everything that follows, and it is often where a lawyer can do the most good.
The Clerk Magistrate Hearing
When someone who has not been arrested is accused of a misdemeanor in the District Court, Massachusetts law gives that person the right to be heard, personally or through a lawyer, before a criminal complaint issues. For a felony, the hearing is required if the police request one and is otherwise up to the court.
The question at the hearing is whether there is probable cause to believe you committed the offense. If there is not, the complaint should not issue and no criminal case begins. If you receive a notice of a hearing, speak with a lawyer before the date.
Internal Audits, Repayment, and Your Records
An employer or its lawyer may ask for a written explanation, a signed repayment agreement, or a meeting to clear things up. You do not have to answer their questions, and because an intent to repay is not a defense, any statement or repayment should be planned with your lawyer rather than offered in the moment.
Leave your records alone. Massachusetts makes it a crime to alter, destroy, or conceal a record or document with the intent to impair its use in an official proceeding, so keep documents, devices, and accounts exactly as they are and let your lawyer handle what is preserved and produced.
If You've Just Been Charged with Embezzlement
If you have just been confronted by an employer, received a demand letter or a notice of a clerk magistrate hearing, been contacted by an investigator, or been charged, take a breath. Here is what matters most right now.
● Don't talk to investigators from any agency, your former employer, or your former employer's outside counsel without a lawyer present, even if you are told this is "just a conversation"
● Don't sign anything presented by your former employer, including general releases, repayment agreements, or admissions, without consulting an attorney
● Don't repay the alleged loss before talking with a lawyer. Repayment can sometimes help, but an intent to repay is not a defense, and its timing and form matter
● Don't discuss your case with anyone except your attorney, including former coworkers, family members, or anyone who might later be interviewed
● Don't destroy or alter records of any kind. Altering records to impair their use in a court proceeding is itself a crime
● Preserve everything including emails, text messages, expense reports, employment agreements, written authorizations, training materials, and any documents that might show authorization or course of dealing
● Write down everything you remember about the relevant transactions, conversations with supervisors, and authorization patterns while details are fresh
● Don't post anything about your case, your former employer, the investigation, or your finances on social media
● Contact an experienced Massachusetts embezzlement defense attorney as soon as possible, ideally before responding to any company communication
Call (978) 969-2890 for a free, confidential consultation. Phones answered 24/7 by a real person.
Acting early gives your lawyer time to respond before any complaint issues, protect helpful evidence, and prepare your defense. You do not have to go through this alone.
● Don't talk to investigators from any agency, your former employer, or your former employer's outside counsel without a lawyer present, even if you are told this is "just a conversation"
● Don't sign anything presented by your former employer, including general releases, repayment agreements, or admissions, without consulting an attorney
● Don't repay the alleged loss before talking with a lawyer. Repayment can sometimes help, but an intent to repay is not a defense, and its timing and form matter
● Don't discuss your case with anyone except your attorney, including former coworkers, family members, or anyone who might later be interviewed
● Don't destroy or alter records of any kind. Altering records to impair their use in a court proceeding is itself a crime
● Preserve everything including emails, text messages, expense reports, employment agreements, written authorizations, training materials, and any documents that might show authorization or course of dealing
● Write down everything you remember about the relevant transactions, conversations with supervisors, and authorization patterns while details are fresh
● Don't post anything about your case, your former employer, the investigation, or your finances on social media
● Contact an experienced Massachusetts embezzlement defense attorney as soon as possible, ideally before responding to any company communication
Call (978) 969-2890 for a free, confidential consultation. Phones answered 24/7 by a real person.
Acting early gives your lawyer time to respond before any complaint issues, protect helpful evidence, and prepare your defense. You do not have to go through this alone.
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I knew the moment I spoke to Ernie on the phone he was the real deal. He made us feel at ease during a very stressful time and fought for us. We won our case because of his perseverance and professionalism. He’s just a really good person who’s in your corner fighting for you. Thanks Ernie you’re the best!!!!
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They helped our family navigate a very delicate and complicated legal situation. We couldn't be more pleased with the outcome. And Ernie's down-to-earth demeanor helped us feel like we were being listened to and never being talked down to. I would highly recommend Ernie, as I am certain he would do his absolute best to achieve a best-case-scenario outcome for every single one of his clients.
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Before working with Ernie I was very unaware of how my future would be and felt alone in my case; that all changed once I had Ernie Stone as my lawyer. Very professional, very reassuring, very caring and helpful with any questions you may have. I can definitely say that there was always a smile on their faces and made me feel welcomed and well taken care of. I had no doubt in mind that I was in good hands and that I was going to be alright.
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What to Expect When You Call
We know this call is hard to make. You may feel ashamed, worried about your career, or unsure of what to say. That is okay. You do not need to have the right words.
● We will listen to your story and answer your questions
● We will explain the specific embezzlement charge and what the Commonwealth must prove
● We will discuss possible defense strategies and resolution options for your specific situation
● We will explain how an investigation might be addressed before formal charges issue
● We will explain our approach and how we can help you through this
● Everything you tell us is confidential
● There is no obligation to hire us
You do not need to have the answers. Just call, and we will take it from there. Phones answered 24/7 by a real person. Free, confidential consultation.
● We will listen to your story and answer your questions
● We will explain the specific embezzlement charge and what the Commonwealth must prove
● We will discuss possible defense strategies and resolution options for your specific situation
● We will explain how an investigation might be addressed before formal charges issue
● We will explain our approach and how we can help you through this
● Everything you tell us is confidential
● There is no obligation to hire us
You do not need to have the answers. Just call, and we will take it from there. Phones answered 24/7 by a real person. Free, confidential consultation.
We'll Get You Through the Storm
Embezzlement charges demand experienced legal representation. We can help you through this storm.
Call (978) 969-2890 for a free consultation.
Over 30 years of Massachusetts criminal defense experience. Serving Greater Boston and Eastern Massachusetts including Beverly, Salem, Lynn, Peabody, Gloucester, Newburyport, Lawrence, and Haverhill.
Call (978) 969-2890 for a free consultation.
Over 30 years of Massachusetts criminal defense experience. Serving Greater Boston and Eastern Massachusetts including Beverly, Salem, Lynn, Peabody, Gloucester, Newburyport, Lawrence, and Haverhill.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
