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WHAT IS EMBEZZLEMENT IN NEVADA?
Embezzlement is the fraudulent taking of property by a person who was entrusted with it. Unlike theft, the perpetrator initially had lawful possession of the property — the crime is the conversion of that property for personal use.
WHAT THE PROSECUTION MUST PROVE
To convict you of Embezzlement in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant was entrusted with property belonging to another person
The defendant fraudulently converted or appropriated the property
The defendant acted with the intent to defraud the owner
The property had measurable value
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR EMBEZZLEMENT IN NEVADA
Under $1,200
Misdemeanor — up to 6 months jail, $1,000 fine
$1,200–$4,999
Category C Felony — 1–5 years prison
$5,000–$24,999
Category B Felony — 1–6 years prison
$25,000+
Category B Felony — 1–10 years prison, fines up to $10,000
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending embezzlement charges
Embezzlement cases are almost always built on paper trails — bank records, accounting logs, and emails. I start by scrutinizing whether those records actually prove intent to defraud, or whether they show sloppy bookkeeping.
Many embezzlement cases arise from workplace disputes where the accused believed they were owed the money. Authorization and good-faith belief are powerful defenses.
Prosecutors often overcharge embezzlement by inflating the alleged amount. I always challenge the calculation methodology — was every transaction actually unauthorized?
Civil restitution agreements can sometimes be negotiated before charges are filed, which can significantly change the trajectory of a criminal case.
If you are under investigation for embezzlement, do not speak to your employer's HR department or their attorneys without your own counsel present.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO EMBEZZLEMENT
Every case is unique, but these are the defenses most commonly raised in embezzlement cases in Nevada:
Lack of intent to defraud
Claim of right — defendant believed they were entitled to the property
Authorization — defendant had permission to use the funds
Accounting error or mistake, not criminal conversion
Insufficient evidence linking defendant to the specific transactions