Southern California Defense Blog

California Penal Code section 503 defines embezzlement as “the fraudulent appropriation of property by a person to whom it has been entrusted.” A criminal conviction for embezzlement can have severe consequences. In addition, embezzlement charges can carry a harsh social stigma that can follow you for a long period of time. If you are being charged with embezzlement, it is important that you contact an experienced criminal defense attorney to help you present the best possible defense for your case.

Embezzlement Prosecution (CALCRIM 1806)

According to California Criminal Jury Instructions 1806, in order for the prosecution to convict you for embezzlement, the prosecution must prove:
(1) The owner of the property (or an agent of the owner) entrusted his or her property to you;
(2) The owner entrusted you with the property because he or she trusted you;
(3) You fraudulently used the property for your own benefit; and
(4) When you used the property you intended to deprive the owner of its use.

Embezzlement Sentencing (PC 487, 488)

If the prosecution is able to prove each of these elements, you face severe consequences, including the possibility of a lengthy jail sentence. Embezzlement is punished as a form of theft. Embezzlement is charged as either grand theft (PC 487), if the value of the property you embezzled is over nine hundred fifty dollars ($950), or as petty theft (PC 488), if the value of the property you embezzled is under nine hundred fifty dollars ($950).

Grand theft is a “wobbler” and can be charged as a misdemeanor or felony. An embezzlement grand theft misdemeanor conviction can result in imprisonment in county jail for up to one year and a fine of one thousand dollars ($1,000). An embezzlement grand theft felony conviction can result in up to three years in county jail and a fine of ten thousand dollars ($10,000).

Embezzlement petty theft charges, on the other hand, carry a sentence of up to six months in county jail and a fine of $1,000.

What is the Difference between Theft and Embezzlement?

The biggest difference between embezzlement charges and other theft charges is that in order for you to be convicted for embezzlement, the property must have been entrusted to you. This means that you had authority to access the property. Embezzlement charges generally occur in an employer/employee relationship, where a level of trust has developed.

Generally speaking, theft only requires that you take someone else’s property without his or her consent; the property does not have to be entrusted to you.

Theft charges are punished in the same way as embezzlement charges. If you are convicted of a theft charge, you can be found guilty of grand theft or petty theft depending on the value of the stolen property.

Call Wallin & Klarich

If you have been charged with embezzlement under California Penal Code section 503, it is important that you contact an experienced embezzlement criminal defense attorney immediately to discuss your case. A conviction for embezzlement can result in serious consequences that can have an impact on you for the rest of your life. The attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients accused of embezzlement and theft. If you are facing criminal charges for embezzlement, Wallin & Klarich can help you.

We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks. Call us today to discuss your case at (888) 280-6839. We will be there when you call.

Grand theft and embezzlement are two different crimes under the California Penal Code. Grand theft is the taking of property valued over $950. Embezzlement requires additional elements including that the person has a legal right to access or control the property that is wrongfully taken. Embezzlement is a form of theft and can have serious consequences to those who are convicted. If you are being charged with felony grand theft for embezzlement in

Riverside then there are a number of reasons you should immediately contact the law offices of Wallin & Klarich:

1. Over 30 years of experience! The attorneys at Wallin & Klarich have over 30 years of experience defending clients charged with felony grand theft regarding embezzlement cases.

2. Team concept. Our attorneys work together to achieve the best possible result in each client’s case. Many criminal defense attorneys are sole practitioners who don’t have the legal resources that Wallin & Klarich boasts.

3. A/V rating. Wallin & Klarich has an A/V rating from Martindale Hubbell. This is the highest possible rating a law firm can achieve from the most prestigious peer review legal rating service in the United States.

4. AVVO ratings. Every partner at Wallin & Klarich has the highest possible rating of 10/10 from this esteemed attorney rating service.

5. Assigned Courts. Every attorney in the firm has assigned courts that they handle on a regular basis. This means that the attorney assigned to your case is very familiar with the court your case is pending in and has developed relationships with the prosecutors, Judges, and court personnel.

6. Results. Wallin & Klarich attorneys have received outstanding results for their clients. These results have been detailed over and over by former clients who have written glowing testimonials regarding the outstanding results obtained in their cases.

If you or a loved one is facing felony grand theft charges for embezzlement in Riverside you will want to contact the experienced theft attorneys of Wallin & Klarich. Our attorneys have been helping those accused of crimes, such as grand theft, for more than 30 years. Call Wallin & Klarich today at 888-280-6839 or visit our website www.wklaw.com. We will be there when you call.

When you are facing sentencing by a judge for an embezzlement conviction, it is critical you have an experienced criminal defense law firm fighting for you.


The judge has many options available to him when he sentences you for an embezzlement conviction. The judge can:

l. Sentence you to up to 3 years in jail if you were convicted of felony embezzlement.

2. Sentence you to up to one year in jail if you were convicted of misdemeanor embezzlement.

3. Place you on probation and sentence you to some jail time as a condition of probation

4. Place you on probation without serving jail time but imposing “alternative sentencing”.

5. Order you to make restitution to the victim during the period of probation

Wallin and Klarich has represented hundreds of persons who had embezzled funds. We have learned how to resolve these cases to maximize the chance that our clients do not go to jail. For example, when you retain our firm, we will work with you and your family to make restitution early on in the case. Often when this happens, the “victim” no longer demands jail time, and “justice” can often be served by a probationary sentence without jail time.

Also, we have learned it is essential to inform the court about any stressors affecting your life when the embezzlement occurred. Additionally, we will be ready with numerous character witnesses who we will have speak at the sentencing hearing or provide us with powerful character letters on your behalf.

There is no substitution for experience when your freedom is on the line. If you are facing sentencing on an embezzlement charge you should place your trust in Wallin and Klarich. We know what you and your family are going through, and we will fight for you to achieve the best result possible at your sentencing hearing. People make mistakes. However, when clients hire Wallin and Klarich those mistakes often do not end with a jail sentence.

If you need an attorney to guide you through this difficult process, let us show you how we protect our own. Contact us today at 1-888-280-6839 . With offices in Orange County, Los Angeles, Riverside, San Bernardino, Victorville, Ventura, San Diego and West Covina, we will be there when you call.

Some people are their own worst enemy. Lenny Dykstra had it all – talent that allowed him to play major league baseball and win a World Series, money, and fame. Unfortunately, his alleged actions after leaving baseball have gone a long way toward casting a pall on what otherwise would be a brilliant career. A denial of a motion to drop federal charges last week is just the latest in a long succession of legal issues for this one-time Mets star.

U.S. District Judge Dean Pregerson heard a motion in a Los Angeles federal court last week to dismiss charges ranging from embezzlement to bankruptcy fraud, according to CBS Sports. Dykstra was arrested in April of 2011 for allegedly hiding, selling, or destroying over $400,000 worth of items from a home of his that had been placed in a bankruptcy trust. If he is convicted on all charges, he faces a maximum of 80 years in federal prison.

If that were not enough, Dykstra is already serving three years in prison for grand theft auto and providing a false statement about his finances. In addition, he was sentenced to nine months in jail this year for exposing himself to women he met online.

Dykstra’s legal issues began over 20 years ago when he crashed his car while driving under the influence. He and a former teammate were both injured. Allegations have been made against him in the past of sexual assault and sexual harassment. An investigation conducted by ESPN found that he has faced more than two dozen criminal charges since 2007.

The future appears bleak for this once great talent. However, the hallmark of our justice system is that he is innocent until proven guilty in the eyes of the courts.

If you have been charged with theft or embezzlement, it is vital that you secure the services of a strong Los Angeles criminal defense attorney. A felony conviction can severely impact your future in many ways. The attorneys at Wallin & Klarich have over 30 years of experience defending clients. Call us today at 1-888-749-0034.

The California Courts of Appeal for the Fourth District recently held that an individual may be guilty of embezzlement even if that person intended to return the property in the future. Jorge Casas, a car salesman, was carrying out a trade-in transaction with a customer. To complete the exchange, it required Casas to drive the trade-in to the customer’s house to collect a $1,500 down payment. Casas turned a standard procedure into a 400 mile road trip in search of drugs. He was charged with embezzlement and convicted of the crime. On appeal, Casas argued that he did not intend to permanently deprive the owner; however, the conviction was upheld.

The white collar crime of embezzlement, as defined in California Penal Code § 503, is the fraudulent appropriation of property by a person to whom it has been entrusted. The prosecution is required to show that (1) the owner entrusted the property to the defendant, (2) the owner did because he/she trusted the defendant, (3) the defendant fraudulently used or converted the property for his own benefit, and (4) the use was intended to deprive the owner of its use. Under this fourth element, however, the defendant has the requisite intent if the use significantly interferes with the owner’s enjoyment of the property.

The punishment for embezzlement depends on the value of the property. Embezzlement is a misdemeanor offense when the value is $400 or less, which carries with it up to 6 months in county jail and a maximum fine of $1,000. When the value exceeds $400, then it is felony embezzlement, which is punishable of up to 3 years in state prison and a maximum fine of $10,000.

Embezzlement often occurs in the workplace where employees are entrusted with valuable items by virtue of their employment. It often happens in these workplace situations that people are charged with embezzlement when in fact they may have been absent-minded or merely forgetful. Therefore, it is important to have an experienced attorney look at the unique facts of your case and zealously defend you against embezzlement accusations. Our attorneys at Wallin and Klarich have over 30 years of experience handling countless embezzlement cases and will raise all viable defenses to aggressively protect your rights.

Please call Wallin and Klarich today at 888-280-6839 or visit our website at www.wklaw.com to speak with one of our Orange County embezzlement defense attorneys regarding your matter. We will be there when you call.

Belinda Exon, the former president of Rehab Financial Services, a Huntington Beach company, plead guilty to the embezzlement of $3.9 million from 23 California cities. Exon’s now-defunct company kept federal housing grant money in escrow meant for city governments for herself to buy land in Arizona and fund two companies for herself.

Exon, who relocated to Phoenix, agreed to a plea agreement in which she pled guilty to one felony count of embezzling money from organizations that receive federal funds. The agreement suggests Exon receive a prison sentence of 3 years and 10 months, and forfeit the property she bought with the embezzled funds. The charge can carry a maximum of 10 years in prison.

According to Exon’s plea agreement, she embezzled than $1,021,000 from San Francisco, $751,000 from Pomona, half a million dollars each from Seal Beach and Huntington Park, and more than $100,000 from Rosemead, Buena Park, and Montebello. Smaller amounts were embezzled from Fullerton, Camarillo, Santa, Cruz, Encinitas, Hemet, and others.

If someone entrusts you with money or property, and you use that money or property for something other than it was originally intended, you are guilty of embezzlement. If you are facing embezzlement charges, your reputation is on the line. Crimes of moral turpitude such as embezzlement can affect your ability to work in places where trust is essential.

It is vital that you have an experienced Orange County criminal defense attorney by your side if you are ever accused of a theft-related crime. At Wallin & Klarich, we’ll guide you through the legal system and get you the best possible result in your case. If you or someone you love has been accused of a crime in California, contact the experienced Southern California embezzlement attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com. We will be there when you call.

An Oceanside police sergeant recently pleaded guilty to charges of “receiving stolen property and knowingly accepting items purchased with embezzled funds,” according to a recent report by San Diego News 10. The man had been with the Oceanside Police Department for 10 years and was quoted as being a “rising star” in the department when he was charged. Allegedly, the man was romantically involved with a woman who had been embezzling money from a construction company at which she was employed. Prosecutors claim that the man knowingly received over $54,000 in items from the woman that he used to update his home, including mahogany wood flooring and flat-screen television sets. The officer now faces a prison sentence of 365 days in county jail.

Under California Penal Code section 496, it is a crime to knowingly buy, sell, receive, conceal, or withhold stolen property. If, for example, you buy or receive a car stereo from a person with knowledge that the person who is providing it to you has received it unlawfully, you can be prosecuted for receiving stolen property under Penal Code section 496. Depending on the severity of the case, a conviction can result in a prison sentence of up to one year in state or county jail.

Continue reading "Police Officer Pleads Guilty to Receiving Stolen Property - California Penal Code Section 496" »

According to California Penal Code Section 503 Embezzlement is “the fraudulent appropriation of property by a person to whom it has been entrusted.” In other words, if some one entrusts you with money or property, and you use that money or property for something other than it was originally intended, you are guilty of embezzlement.

For instance, if your boss hands you a bag full of money to deposit at the bank and you intentionally use the money for something else, you’re guilty of embezzlement.

Embezzlement can have serious consequences including state prison time depending on the amount money or value of the item or items embezzled. In addition, your reputation is on the line. Crimes of moral turpitude such as embezzlement can affect your ability to work in places where trust is essential.

Continue reading "Embezzlement: What is It?" »

Comedian Dane Cook’s Brother Arrested

Comedian Dane Cook’s half brother embezzled millions of dollars from him and was arraigned on felony charges that include larceny and forgery. Cook’s Brother is facing years in prison. He will need an experienced embezzlement defense attorney to help him in this matter and to get him the best possible outcome. If you or a loved one is facing these types of charges or if you believe you are being investigated contact our office, one of our experienced defense attorney’s at Wallin & Klarich will help you and will protect your rights.

These charges and any type of theft charges are considered crimes of “moral turpitude”, meaning it is a crime of deception. Because they are charges of “moral turpitude” they can hinder you from maintaining employment or from future employment. And if you are in the process of or thinking of becoming a U.S. Citizen this can keep you from doing so.

Therefore, it is essential to have an experienced felony defense attorney on your side who will advocate for your rights and future.

People v. Akhile

For those considering filing a motion to vacate a plea based on Penal Code Section 1016.5, familiarity with this case is a must.

In the above case, Appellant is a Native of Nigeria who entered the United States on a Tourist Visa and never left. In February of 1992, Appellant plead guilty to grand Theft and Embezzlement. The Trial Court sentenced him to two years state prison. Deportation proceeding began in 1993 and the Board of Immigration Appeals affirmed his deportation based on the 1992 conviction. Appellant argued that he did he was never aware of the immigration consequences of his plea.

Upon review, the record reflected that the Trial Court informed the Appellant of the immigration consequences at arraignment but not at the time of the plea. On appeal, the court vacated Petitioner’s plea on the basis that California Penal Code section 1016.5 requires that the Trial Court advise defendants of the adverse immigration consequences at the time of the plea.

Why is this case important? Because in instances where a Defendant was convicted of a white collar crime and the Trial Court fails to advise him or her of the immigration consequences at the time of plea, there are very good grounds to have the plea vacated.

Continue reading "Immigration Law and Vacating a Plea" »

Embezzlement is the theft of property and/or money by an individual or entity that is responsible for handling the assets. Embezzlement typically occurs in corporate settings and places of employment.

Embezzlement charges can carry serious consequences regardless of whether the defendant is guilty. Accusations of embezzlement are extremely embarrassing and can oftentimes ruin an individual or an entity’s reputation. Furthermore, an embezzlement conviction may result in hefty fines and/or a prison sentence of up to 20 years depending of the value of assets taken and other factors in the case.

To ensure your legal rights and interests are fully protected, it is important to retain a highly qualified and experienced criminal law lawyer from Wallin & Klarich who has knowledge of embezzlement law and can help reduce the charges, or even get an acquittal.

Call Wallin & Klarich at 1-888-749-0034 and we can answer any legal questions you may have.