Nick Lotito & Seth Kirschenbaum

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Atlanta family faces severe penalties for alleged embezzlement

Those in the Atlanta area may be interested to know that embezzlement, a specific form of theft, most commonly occurs in a corporate or employment setting. Not only can the employee accused of the theft be charged, so can those who knowingly received the stolen property.

One Fulton County family of three now faces allegations of embezzling over $2 million from the mother's employer over a four-year period. Authorities allege that the mother, who worked at a dental office, netted over $800,000, with an additional $600,000 minimum going to her husband and over $83,000 to the couple's daughter. All family members are currently out of jail on bond.

Embezzlement typically involves the theft of money or other property by a person who owes a fiduciary duty to their employer. In some cases the theft occurs all at once, while in other scenarios it may be a small amount over a long period of time. In the latter case, there is typically some sort of deceptive practice performed to hide the theft, such as record falsification, writing company checks to non-existent employees or other false billing.

A charge of embezzlement requires proof of several specific elements, including that a fiduciary relationship existed between the parties in question, the property was acquired through this relationship, ownership of the property was actually transferred, and that the defendant's actions were intentional. Charges of embezzlement can be brought either in state or federal court.

If an Atlanta resident is charged with embezzlement, a strong defense is necessary to ensure the defendant's rights are protected. With aid of effective counsel, in many cases matters can be settled out of court, as employers typically are satisfied in getting the stolen property back rather than going through the expense of a trial.

Source: CBS Atlanta, "Family of 3 charged in $2M embezzlement case," Jennifer Banks, May 29, 2013

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Nick Lotito & Seth Kirschenbaum

Former Federal Prosecutors

918 Ponce de Leon Avenue, N.E. Atlanta, GA 30306 Phone: 404-692-5168 Fax: 404-872-1622 Atlanta Law Office Map