What is embezzlement?

Embezzlement occurs when someone you have given authority to handle the assets and that person or group abuses those particular assets.

Banks, credit unions, and other organizations managing substantial amounts of money are vulnerable to the financial consequences of embezzlement. Businesses need to understand embezzlement, as it can lead to substantial financial losses and reputational damage.

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How embezzlement works

There are three main elements of law in an embezzlement fraud case:

Fiduciary relationship

A fiduciary relationship results when the criminal is in a position of trust and has legal access to the person’s property, money, or other forms. Your trustworthy accountant, attorney, or lawyer could be the one you have placed your trust in with your money. The individual can manipulate the system and use the stolen money or property for their gain to achieve a fraudulent purpose.

When the criminal is involved in money laundering or misuses public funds or entrusted assets for personal gain instead of putting them to their intended use, that is misappropriation.

Embezzlers usually try to hide their actions after a breach of AML policy by changing financial records, creating invoices, or faking invoices.

Trust Relationship: In a fiduciary relationship, one party—the fiduciary—is required to make the best decision for another—the beneficiary. Now, in a position of trust, the recipient depends on the fiduciary to manage their assets and money honestly.

Examples of a fiduciary relationship:

  • Employee-Employer (e.g., accountancy firm)
  • Client-Lawyer (for instance, a client’s settlement funds being held by their lawyer)
  • The relationship between an investment advisor and their customer (for instance, an advisor overseeing a client’s portfolio of investments)

Fraudulent intent

Setting out with the intention to mislead and steal is known as fraudulent intent. The offenders in an embezzlement case willfully take advantage of the confidence placed in them by misusing the money or stolen property offered to them.

Some examples:

  • Falsely invoicing customers to steal money from the business
  • Keeping clients’ money without their knowledge
  • Converting business money into individual bank accounts
  • Using the money of unsuspecting new investors to pay off already invested investors in a Ponzi scheme

Misappropriation

Using anything given improperly is referred to as “misappropriation.” The offender utilizes the stolen goods against the intended use of the money or her property for personal advantage.

Some examples:

  • Using business credit cards for personal spending are warning signs
  • Skipping over the register to steal small amounts of money
  • Selling off business assets and keeping the money
  • Making a wire transfer (commonly known as wire fraud) from a customer’s account to one’s owner

Types of embezzlement

There are several types of embezzlement cases, with the following being among the most common:

Skimming

Skimming is a type of fraud where people routinely steal small amounts of money from a cash register or point-of-sale system and deposit it in their personal accounts. It is common for criminals to conceal their crimes by keeping the money they make or by underreporting their sales volume.

Consider a retail cashier who steals money from clients and then resets the register to display a lesser amount.

Larceny by conversion

Anyone who legally obtains money or property and then uses it for their personal use to permanently deprive the original owner is committing  larceny by conversion.

For instance, after receiving a company credit card for usage at work, an employee uses it for personal expenses without intending to refund the money.

Misappropriation of assets

Misappropriation of company assets is the theft of non-monetary assets given to any person. Ideas, products, data, or machinery could all fit under this heading.

For instance, an entrusted worker of a company downloads and sells confidential company information to a competitor.

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Embezzlement penalties and consequences

When someone steals money from a bank account, everyone involved—from the embezzler to the affected institution—faces dire consequences.

Criminal charges

Misappropriation is the act of using something with bad intent that was given to any person or organization. As a consequence, the affected organization can issue criminal charges against the person.

Financial losses

Penalties levied for non-compliance or by regulatory bodies due to embezzlement can wreak havoc on a company’s finances, draining funds from operations, profits, and even bankruptcy.

Reputational damage

When word gets out about an embezzlement incident, it can ruin a company’s image, make customers distrust them, and put a damper on growth opportunities.

Legal consequences

Legal ramifications for businesses could result from the inability to put in place sufficient first-degree and second-degree internal controls that might have prevented embezzlement.

Prevention and detection of embezzlement

Even if embezzlement is often hard to spot, there are steps you can take to avoid it or identify it early:

Segregation of duties

For large companies, applying the “segregation of duties” technique divides the activities of money transactions. Several staff members share the money-handling duties so that no person or group can have total control over any one transaction. Because of this, a single individual cannot tamper with finances by manipulating records.

Continuous monitoring and risk assessments

It is important to keep an eye on your finances, reconcile your accounts regularly, and evaluate any risks to find any weak spots in your internal controls

Regular audits

To find inconsistencies in payment, questionable behavior, or unauthorized use and to conduct regular risk assessments,  it is recommended that  certified fraud examiners conduct audits regularly.

Employee training

Educate your employees to act morally at all times and to see the warning indicators of embezzlement. If done well, potential criminals will think twice, and staff members will be more inclined to report unusual activities or reasonable doubt.

How HyperVerge can help avoid embezzlement

To reduce the likelihood of embezzlement charges, HyperVerge can assist your company in establishing strong internal controls and detection procedures. Here are some of the solutions available:

Monitoring of transactions: HyperVerge’s advanced AI-powered tools effectively monitor  accounts payables and receivables in real time to identify unusual behavior.

Analyzing data: Using sophisticated analytics to spot irregularities that could point to theft.

Track unusual user activities: A method of preventing financial system hacking and manipulation by keeping tabs on user activities.

Embezzlement is a major risk to your company’s finances, but it may be mitigated with knowledge of the crime, proactive steps, and the correct resources. With HyperVerge as your partner, you can rest easy knowing your valuables are fully protected. Sign up now!