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What is a 'fiduciary relationship'?

There are a number of legal stipulations associated with prosecuting, defending and convicting someone for charges related to embezzlement. It's not as simple or straightforward as just claiming that someone took or did not take money unlawfully. There are factors that must be supported in order for there to be grounds to pursue this type of white collar crime.

One such requirement is that it must be established that a person accused of embezzlement had a fiduciary relationship with the party from whom assets were allegedly taken.

For example, let's consider a generic case involving an employer and an employee. In order for there to be grounds for embezzlement charges, an employee and employer must have a relationship in which the employer, for instance, places trust or confidence in the employee to act in the employer's interest. This could also be a relationship between executors and heirs; wards and guardians; or beneficiaries and trustees.

If that fiduciary relationship exists and one party is accused of misappropriating funds, embezzlement charges may be pursued. However, there are still other requirements that must be met. Prosecutors will often spare no expense when it comes to investigating claims and building their case, so it can be wise to get help if you are currently suspected of or charged with embezzlement.

Readers of this blog are likely in a very difficult and stressful situation involving criminal charges. Whether you are facing these charges yourself or are close to someone else who is, you could be very scared about the legal process and what the future may look like in the event of a conviction.

While we can provide some basic and general information on this blog, it is typically best to speak directly with an attorney to understand what options may be available to defend against criminal charges. With legal representation, it can be possible to avoid conviction or minimize the potential consequences that you or a loved one could be facing.

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