White-Collar Crimes: Defending Against Fraud and Embezzlement Charges

Have you been charged with, arrested for, or are being investigated for embezzlement or fraud offenses? You should know that you’re facing extremely severe repercussions and should discuss your case with the Georgia white-collar crimes attorney at Banks, Stubbs & McFarland immediately to better understand what you’re up against.

Fraud and embezzlement offenses are white-collar crimes that may be prosecuted at the state or federal level. A conviction for embezzlement or fraud can result in imprisonment, steep fines, a criminal record, and a host of collateral consequences that can haunt you for a long time and put your freedom and reputation at risk.

What Exactly is Fraud and Embezzlement?

Fraud occurs when a person intentionally deceives another person or entity to damage them and gain something from them, such as unlawfully obtaining their services or property. Embezzlement is essentially a type of fraud offense that encompasses a broad range of financial crimes, such as accounting fraud, wire or mail fraud, computer fraud, healthcare fraud, mortgage or bank fraud, and money laundering, among many others.

Embezzlement and fraud are white-collar crimes that are inherently financially motivated. Both become federal offenses when they involve different states or federal property, services, or funds.

Potential Defenses to Fraud and Embezzlement Charges


If you had permission to do what the victim is alleging as fraud, what you did is not technically a crime. While your specific actions might have been misguided or ill-judged, if you have any proof to show the alleged victim gave you permission to do what you’re accused of, your Georgia white-collar crimes attorney can raise this defense.

Lack of Intent

You must have intended to defraud the alleged victim to be convicted of fraud. They must prove that you willfully and intentionally deceived them to gain their services or property. In addition, fraud allegations typically arise due to misunderstandings and mistakes. The alleged victim might think the defendant was attempting to deceive them, but the defendant simply misunderstood the situation or did not have all the information when the alleged fraud offense occurred.

Mistaken Identity or Falsely Accused

The popularity of social media, online banking, text messaging, and online shopping gave rise to fraud offenses that don’t involve face-to-face contact between the victim and the suspect. Maybe you were also a fraud victim, and somebody used your identity to defraud the party you allegedly defrauded.

Lack of Evidence

The prosecution must provide solid evidence that your actions satisfied all the elements of a fraud offense. If they don’t have sufficient or strong evidence, your Georgia white-collar crimes attorney can mount a strong defense that will cause reasonable doubt, refute the prosecution’s argument, uncover the weaknesses in their case, and ultimately, get the charges against you reduced or dismissed entirely.

Speak to an Experienced White-Collar Crimes Attorney in Georgia

Whether you are facing embezzlement or other types of fraud charges, the Georgia white-collar crimes attorney at Banks, Stubbs & McFarland is here to help you. Dial 770-887-1209 or send us an online message to arrange your case review with our Georgia white-collar crimes attorney today.