Our client was an employee of a local county government. Over the course of a year, she embezzled nearly fifteen-thousand dollars in funds. The theft was discovered during a routine audit of the government’s budget. Forensic accountants analyzed the scheme which involved “double dipping” (being paid out of direct deposit and in paper checks for the same work). Our firm was retained prior to her being charge. Despite pressure from the local newspaper at every turn, we were able to analyze the financials and identify areas where the theft was not as large as auditors had initially believed. We also were able to offer the private, extenuating circumstances for why the employee chose to steal. Although she was eventually charged with a Class C Felony (Theft by Unlawful Taking over $10,000), her cooperation led to her serving less than two hours in jail (the amount of time to process her paperwork) when she surrendered herself.
After several court appearances and rounds of negotiation, the government agreed to reduce her theft charge from a Class C felony to a Class D felony. At the sentencing hearing, the government agreed to recommend the absolute minimum—one year–on that Class D felony. While probation was up to the judge, the prosecutor offered favorable things about the defendant given her character and history, and her ability to make full restitution prior to sentencing. As a result, the court honored the prosecution’s amendment, and sentenced our client to the absolute minimum: one year, probated for two years, with minimal probation conditions. Five years after she completes her sentence she will be eligible to have the charge dismissed and expunged if she otherwise complies with terms of the expungement law.
If you are charged with embezzlement, theft, or another white collar crime, call our firm. We have the experience needed to handle the toughest cases. Our attorneys will fight your case like it was their own. Call (859) 259-0727 now.
Charge: Theft By Unlawful Taking Over $10,000
Kentucky State Court
Lead Attorney: Bradley Clark