What Do You Do When You’re Accused of Embezzlement in Nevada?
There are few accusations that feel as personal as embezzlement. It’s a charge that doesn’t just say you did something wrong; it says you betrayed a trust. Whether it’s an employer, a business partner, or a non-profit organization you volunteered for, an embezzlement allegation attacks your character and your integrity. Suddenly, everything you’ve worked for is on the line. Your job, your reputation, and your freedom are all at risk.
My name is Michael Gowdey, and for over 30 years, I’ve been defending good people in Las Vegas, Henderson, and North Las Vegas against serious criminal charges, including embezzlement. At my firm, The Law Offices of Michael I. Gowdey, Ltd., we are a highly-rated, award-winning team because we understand what’s at stake. We know that these accusations often start not with a criminal mastermind, but with a simple misunderstanding, a bookkeeping error, or a desperate situation.
The moment you’re under investigation, you feel like the whole world is against you. Your employer has lawyers, investigators, and the police on their side. They have resources you don’t. That’s where I come in. My job is to stand between you and the power of the government, to be your shield and your sword, and to fight for the best possible outcome.
We’re going to talk about embezzlement in a way that makes sense. No confusing legal talk, just a straightforward conversation about what you’re facing and how we can help defend your future.
What Exactly is Embezzlement Under Nevada Law?
Most people think of embezzlement as a CEO stealing millions from a huge corporation. While that does happen, the vast majority of embezzlement cases we see in Las Vegas are much different.
Under Nevada Revised Statute (NRS) 205.300, embezzlement is defined as the wrongful taking of property that has been entrusted to you. That’s the key word: entrusted.
This isn’t like a stranger robbing a store. Embezzlement happens when someone with legal access to money or property decides to use it for their own benefit, without permission. It’s a violation of a position of trust.
Here are some real-world examples we see all the time in Clark County:
- A cashier taking a few dollars out of the register at the end of their shift.
- An office manager using the company credit card for personal groceries or gas.
- A bookkeeper creating fake invoices and paying themselves.
- A treasurer for a local youth sports league using the team’s funds to pay their own bills.
- A casino employee pocketing gaming chips or manipulating comps.
As you can see, this crime can happen in any setting and can involve any amount of money, from a few hundred dollars to hundreds of thousands.
The Surprising Statistics on Embezzlement
Everyone knows embezzlement happens, but let’s look at some numbers that paint a clearer picture. According to a landmark study by insurance company Hiscox, the median loss for a U.S. business in an employee theft case was a staggering $17,377. This shows that even seemingly “small” cases can involve significant amounts of money.
But here’s a statistic very few people talk about, and it’s crucial for your defense. The same study revealed a shocking fact about who gets targeted. While most people think of big companies as the victims, 80% of all embezzlement schemes happen at businesses with fewer than 150 employees. Small businesses often have weaker financial controls, making them more vulnerable. It also means that accusations often arise from less formal environments, where rules about using company funds might be unclear or inconsistently enforced. This can be a powerful part of a defense strategy.
How Does Nevada Punish Embezzlement Convictions?
Nevada takes financial crimes very seriously. The penalties for embezzlement are not just a slap on the wrist; they are tiered based on the value of the money or property that was allegedly stolen during a 12-month period.
This is what you could be facing:
1. Under $1,200
This is a misdemeanor.
- Up to 6 months in jail.
- Up to a $1,000 fine.
- Full restitution to the victim.
2. $1,200 to $5,000
This is a Category C Felony.
- 1 to 5 years in Nevada State Prison.
- Up to a $10,000 fine.
- Full restitution.
3. $5,000 to $25,000
This is a Category C Felony with the same prison time and fines, but it carries a heavier weight in the eyes of a prosecutor and judge.
4. $25,000 to $100,000
This is a Category B Felony.
- 1 to 10 years in prison.
- Up to a $10,000 fine.
- Full restitution.
5. $100,000 or more
This is a Category B Felony.
- 1 to 20 years in prison.
- Up to a $15,000 fine.
- Full restitution.
The Punishment After the Punishment
The penalties listed above are just the beginning. A felony conviction for embezzlement is a scarlet letter that you will carry for the rest of your life.
Your Career is Over
You will be barred from any job that involves handling money, sensitive data, or requires a background check. Professional licenses (for real estate, gaming, etc.) will be revoked.
Your Rights are Gone
As a convicted felon, you will lose your right to vote, own a firearm, or serve on a jury.
Your Reputation is Destroyed
The conviction is a public record. Anyone can find it with a simple online search.
As a top-rated Las Vegas criminal defense attorney, my entire focus is on preventing this from happening to you. We fight not just to keep you out of prison, but to protect your name, your career, and your future.
How Do You Defend Against an Embezzlement Charge?
When an employer accuses you of embezzlement, they will come armed with what looks like a mountain of evidence—spreadsheets, bank statements, video surveillance. It can feel like there’s no way out. That’s a feeling I have successfully fought for my clients for over 30 years. An accusation is not a conviction.
Here are some of the powerful defenses we have used to win these cases:
Lack of Criminal Intent
This is the most important element. To be guilty of embezzlement, you must have intended to deprive the owner of their property. Did you genuinely believe you had permission to use the funds? Was it a simple, honest bookkeeping error? Did you plan on paying the money back and just fell behind? If we can show that you did not have the specific intent to steal, you are not guilty of the crime.
You Had a Good Faith Belief of Ownership
Sometimes, in partnerships or complex business arrangements, there can be a genuine dispute over who has the right to certain funds. If you honestly and reasonably believed you were entitled to the money you took, it is not embezzlement. This is a civil contract dispute, not a criminal matter.
Duress or Coercion
Were you forced to take the money by someone else? Were you threatened or put in a situation where you felt you had no other choice? If you were not acting of your own free will, you cannot be held criminally liable.
False Accusation
This happens more than you would think. We have seen cases where a business owner who is in financial trouble fabricates an embezzlement claim against an employee to try and collect on their insurance policy. We have also seen cases where an accuser is motivated by revenge after a personal or professional falling out. We will dig deep to expose the accuser’s true motives.
A Lesser-Known Fact About Embezzlement Prosecutions
The Association of Certified Fraud Examiners (ACFE) produces an annual report to the nations that is considered the bible of fraud statistics. In their latest report, they found something fascinating: Only 58% of victim organizations report embezzlement to law enforcement. Why? Often because they fear negative publicity. This means that when a company does go to the police, it’s often because they have already conducted their own internal investigation and believe they have an airtight case. They will hand a neat little package to the prosecutor.
This is why you absolutely cannot wait to hire an attorney. You need someone on your side from day one to challenge that “airtight” case, find the holes in their investigation, and start building your own defense before charges are even filed.
Could Your Case Become a Federal Crime?
While most embezzlement cases are handled at the state level in Las Vegas, certain factors can elevate your case to a federal offense. This is a game-changer, as federal penalties are often much more severe.
Your case could attract the attention of federal agencies like the FBI if it involves:
Embezzlement from a Bank or Credit Union
Stealing from a federally insured financial institution is a federal crime.
Embezzlement of Government Funds
This includes stealing from any federal agency, program, or even a company that receives federal grant money.
Use of Interstate Wires
If the embezzlement scheme involved using email, the internet, or bank transfers that crossed state lines, it could be charged as federal wire fraud, which carries a penalty of up to 20 years in prison.
Federal court is a completely different world with its own rules, procedures, and sentencing guidelines. If you are being investigated by federal agents, you absolutely must have an attorney who has significant experience defending clients in the federal system.
Why Choose The Law Offices of Michael I. Gowdey?
When your entire life is on the line, you don’t want a lawyer who is just learning the ropes. You need a seasoned veteran, a proven winner, and a relentless fighter.
For more than three decades, I have been that fighter for the people of Southern Nevada. My firm has earned numerous awards and top ratings because we are dedicated to one thing: achieving the best possible result for our clients. We are not a plea bargain factory that will push you to take the first deal the prosecutor offers. We prepare every single case as if it is going to trial. This aggressive preparation is what allows us to negotiate from a position of strength and often gets charges reduced or dismissed without ever stepping foot in a courtroom.
When you hire my firm, you get me. You won’t be passed off to a junior associate. You will have my personal attention, my experience, and my commitment every step of the way. We understand the stress and fear you’re experiencing. We will answer your calls, explain the process in plain English, and treat you with the dignity and respect you deserve.
If you or someone you love is under investigation or has been arrested for embezzlement in Las Vegas, Henderson, or North Las Vegas, do not say a word to your employer or to the police. Your first and only call should be to your defense attorney.
Contact us today for a completely confidential consultation. Let’s talk about what happened and how we can start protecting your future right now.
FAQS
Top 10 Questions Asked to embezzlement lawyers in Las Vegas.
The ten of the most common questions asked to embezzlement lawyers in Las Vegas.
1. What is the very first thing I should do if I'm accused of embezzlement?
Answer: You should politely decline to answer any questions and immediately contact an experienced criminal defense attorney. Do not talk to your employer, HR, or the police. Anything you say can be misinterpreted and used against you. Do not try to “fix” the books or pay the money back, as this can be seen as an admission of guilt.
2. Is it still embezzlement if I intended to pay the money back?
Answer: Yes. The crime of embezzlement is complete the moment you wrongfully take the property, regardless of your intention to return it later. While your intent to repay might influence a prosecutor’s decision or a judge’s sentence, it is not a legal defense to the charge itself.
3. What is the difference between embezzlement and regular theft?
Answer: The key difference is trust. Regular theft (larceny) is taking property that you don’t have permission to possess. Embezzlement is wrongfully taking property that you were entrusted with and had legal access to, like an office manager using a company credit card for personal items or a cashier pocketing cash from the register.
4. Can I be charged with a felony for a small amount of money?
Answer: Yes. In Nevada, embezzling $1,200 or more within a 12-month period is a felony. Prosecutors can add up many small transactions over a year to reach that felony threshold, turning what seems like a minor issue into a charge that carries years in prison.
5. My employer is threatening to go to the police if I don't pay them back immediately. What should I do?
Answer: You should not pay anything or sign any documents without speaking to your attorney first. While restitution (paying the victim back) is a part of the legal process, doing it this way could be seen as an admission of guilt that will be used against you. An attorney can negotiate a civil settlement that may prevent criminal charges from ever being filed.
6. How can they prove I intended to steal?
Answer: Proving your intent is the prosecutor’s biggest challenge. They will use evidence like financial records showing a pattern of unusual transactions, emails or text messages, your financial situation (e.g., gambling debts), and attempts to cover up your actions. A strong defense focuses on showing you had no criminal intent and that the situation was a misunderstanding, a mistake, or you had a good-faith belief you were entitled to the funds.
7. What are the chances my embezzlement case will go to trial?
Answer: Most embezzlement cases are resolved before trial. If the evidence against you is weak, our goal is to get the case dismissed. If the evidence is strong, we can often negotiate with the prosecutor for a favorable plea agreement, which might involve reducing a felony to a misdemeanor or agreeing to a sentence that involves restitution and probation instead of prison.
8. Will I definitely go to prison if I'm convicted of felony embezzlement?
Answer: Not necessarily, especially for a first-time offense where the amount is on the lower end of the felony scale. A judge will consider many factors, including the total amount of loss, the sophistication of the scheme, and your criminal history. An experienced attorney can often successfully argue for a probationary sentence that focuses on paying back the victim rather than incarceration.
9. Can an embezzlement charge affect my immigration status?
Answer: Yes, absolutely. Embezzlement is considered a “crime involving moral turpitude” (CIMT). For non-citizens, a conviction for a CIMT can have severe immigration consequences, including deportation, denial of naturalization, or denial of re-entry into the United States.
10. Can this charge be sealed from my record later?
Answer: Yes, but it takes time. In Nevada, a Category B felony conviction can be eligible for record sealing 10 years after you complete your sentence. A Category C or D felony can be sealed after 5 years. A misdemeanor can be sealed after 1 or 2 years. Sealing your record is a crucial step to restoring your rights and moving on with your life.