Federal vs. State Embezzlement Charges: Navigating Jurisdictional Complexities in South Florida

Federal vs. State Embezzlement Charges in South Florida

Embezzlement cases in South Florida can be prosecuted at either the state or federal level, depending on the nature and scope of the alleged crime. The distinction between federal and state charges is critical, as it impacts everything from the investigative agencies involved and the applicable laws to the potential penalties and defense strategies. Navigating these jurisdictional complexities requires the expertise of a seasoned criminal defense lawyer experienced in white collar crimes who understands both state and federal legal systems.

State Embezzlement Charges in Florida

Most embezzlement cases are prosecuted at the state level under Florida law. These typically involve:

• Intrastate Crimes: Embezzlement occurring entirely within Florida, without crossing state lines.
• Smaller Scale Offenses: Cases involving smaller amounts of money or assets, or those that do not involve federal agencies or federally regulated entities.
• Florida Statutes: Prosecuted under Florida Statute 812.014 (Theft), which covers grand theft and petit theft, with penalties varying based on the value of the property. These offenses are often categorized under theft crimes in Florida.

State cases are investigated by local law enforcement agencies (e.g., Miami-Dade Police Department, Broward Sheriff’s Office) and prosecuted by the State Attorney’s Office.

Federal Embezzlement Charges

Federal embezzlement charges are typically reserved for more complex, larger-scale, or interstate crimes. These often involve:

• Federal Agencies/Entities: Embezzlement from federal programs, banks (which are federally regulated), credit unions, or other federally insured institutions.
• Interstate Commerce: Crimes that involve transactions across state lines or impact interstate commerce.
• Public Officials: Embezzlement by federal employees or public officials.
• High-Value Cases: Cases involving significant amounts of money, often exceeding state thresholds for grand theft.
• Specific Federal Statutes: Prosecuted under various federal laws, such as 18 U.S.C. § 641 (Public Money, Property or Records), 18 U.S.C. § 656 (Theft, Embezzlement, or Misapplication by Bank Officer or Employee), or 18 U.S.C. § 1341 (Mail Fraud) and 18 U.S.C. § 1343 (Wire Fraud) if the scheme involved mail or wire communications.

Federal cases are investigated by federal agencies like the FBI, Secret Service, IRS Criminal Investigation, or the U.S. Postal Inspection Service, and prosecuted by the U.S. Attorney’s Office. Because federal penalties can be severe, anyone facing these allegations should contact a criminal defense lawyer immediately to protect their rights and prepare a strong defense.