Embezzlement Defense Lawyer

Maryland prohibits the illegal appropriation of funds by persons who are identified as fiduciaries. This crime is a misdemeanor and carries a maximum penalty of five years but also has a mandatory minimum sentence of one year of incarceration. Criminal Law § 7-113. Under state law, taking money you were trusted to handle can be prosecuted as theft, graded by value, and the State may combine a long series of small transactions into a single felony count at the combined total. These cases are built from documents rather than eyewitnesses, they usually begin with an employer’s internal investigation rather than a police report, and the loss figure is assembled by someone whose interest is recovery. At Walsh-Little Law, David Walsh-Little defends clients facing theft and workplace financial charges in the District and Circuit Courts of Baltimore City and the surrounding counties.

David Walsh-Little spent over a decade with the Maryland Office of the Public Defender, including three years as chief of the felony trial division in the Baltimore City office, and more than four years as an assistant federal public defender. Because these cases can be charged in either the state or the federal system depending on whose money was involved, having practiced in both courts is vital to the highest quality of representation.

How Maryland Charges Misuse of Entrusted Funds

People charged with taking money are often charged with theft crimes in state court. Maryland consolidated embezzlement, larceny, false pretenses, and several related offenses into a single theft statute at Criminal Law § 7-104. The conduct people describe as embezzlement, taking property that was lawfully in your possession but belonged to someone else, is prosecuted as theft.

That consolidation matters for the defense. Because there is one statute rather than several, the State does not have to elect between theories at the outset, and the charging document often says very little about what it actually believes happened. Getting to the specific transactions the case rests on is frequently the first real task.

These charges commonly arise from:

  • Payroll and expense reimbursement
  • Cash handling in retail and restaurants
  • Contractor deposits and draws
  • Client or escrow funds held by a professional
  • Estate and trust administration
  • Money handled for a nonprofit, church, or association

What links them is that the accused had lawful access. The dispute is about what was authorized.

What’s at Stake If You Are Convicted of Theft in Maryland

Criminal Penalties by Value

Maryland grades theft by the value of what was taken. Amounts under $100 are a misdemeanor carrying up to 90 days. From $100 to under $1,500 remains a misdemeanor, with a maximum of 6 months. At $1,500 the offense becomes a felony carrying up to 5 years. From $25,000 the maximum rises to 10 years, and at $100,000 or more it reaches 20 years.

The Theft Scheme Provision

Where a series of takings forms part of one continuing course of conduct, the State may aggregate them and charge a single count at the combined value. A pattern of small transactions over a long period, none of which would be a felony alone, can therefore be charged as a single felony at the top of the scale. This is the provision that most often turns a modest allegation into a serious one.

Restitution and Civil Exposure

Restitution is ordered separately from any sentence. Employers can also pursue civil recovery in parallel actions, and a civil suit can move faster than the criminal case. Testimony given in one proceeding is available in the other, so the two need to be handled with each other in mind.

Professional and Collateral Consequences

Theft is treated as an offense involving dishonesty, which many licensing boards weigh heavily, and reporting obligations often attach on charge rather than on conviction. It can affect employment, housing, security clearances, and, for non citizens, immigration status.

Reviews

Why the Loss Figure Is the Real Battleground

Because value determines the grade, and the grades are steep, the number the State puts on a charging document is critical. It is also more contestable than clients expect.

The figure is a construction rather than a finding. Employer totals are sometimes assembled quickly by an accountant working from incomplete records, and they can include transactions that were authorized, sums counted twice, disputed expenses, and commissions or wages the accused believed were owed. Which transactions properly belong in a claimed scheme is a separate question again.

Narrowing the aggregate can move a case between grades, and the difference between brackets is the difference between a misdemeanor and a felony carrying up to 20 years. Reconstructing the underlying records, sometimes with a forensic accountant, is often where these cases are genuinely resolved.

Theft and Embezzlement Defense Strategies in Baltimore

Every case turns on its own facts, and the approach that fits one case may be wrong for another. These are the lines of defense that recur in Maryland cases built on workplace or fiduciary theft.

Authorization

The central question is usually not whether money was moved but whether the accused was permitted to move it. Loose or informal practices, verbal approvals, owner draws, and long standing arrangements that nobody documented are common in small businesses, and they cut directly against the State’s theory.

Intent to Deprive

Theft requires an intent to deprive. Bookkeeping errors, disputed expenses, sums the accused believed were owed, and genuine confusion about whose money it was are not the same thing as an intent to steal.

Claim of Right

Where a person took property under an honest belief they were entitled to it, that belief bears on intent even if the belief turns out to have been mistaken.

Challenging the Valuation and the Scheme

The State’s total can be challenged transaction by transaction, and whether particular transactions belong in a single continuing scheme is a distinct question from whether they occurred at all.

Who Else Had Access

Shared logins, shared registers, and multiple people handling the same accounts undermine the inference that one particular person is responsible for a discrepancy.

The Internal Investigation Usually Comes First

Unlike most criminal cases, these cases often begin inside a company. An employer notices a discrepancy, brings in an accountant or outside counsel, and interviews the employee before any police involvement. By the time charges are filed, the State frequently inherits a completed file, including whatever the employee said during that internal process.

Those interviews are not custodial, so the familiar warnings do not apply, and what is said in them is generally admissible. People often participate believing that cooperating will keep the matter internal. Sometimes it does. Whether and how to engage with an internal investigation is a decision with consequences for any later criminal case, and consulting a lawyer before responding is generally advisable.

When a Maryland Case Becomes a Federal One

Most workplace theft in Maryland stays in state court. Certain facts move it to the federal system: funds belonging to a federally insured bank or credit union, federal program or grant money, union or benefit plan funds, or a scheme carried out through interstate wires. The firm also handles federal embezzlement charges, which are prosecuted under different statutes and different sentencing rules.

The distinction is worth understanding at an early stage. Federal sentencing turns heavily on a calculated loss amount, while Maryland grades by statutory value brackets. The same conduct can present quite differently depending on where it is charged.

Why Choose David Walsh-Little as Your Baltimore Embezzlement Attorney

David Walsh-Little’s background spans both state and federal criminal defense:

  • Graduate of Fordham University and Columbia University School of Law
  • Interned during law school for civil rights lawyer William M. Kunstler
  • Began his career with the Legal Aid Society in the Bronx, representing indigent criminal defendants
  • Founded the Sowebo Center for Justice, a grass roots inner city law office in Baltimore
  • Over a decade with the Maryland Office of the Public Defender, including three years as chief of the felony trial division in the Baltimore City office
  • More than four years as an assistant federal public defender for the District of Maryland

He uses that experience to examine how the State assembled its numbers, identify weaknesses in the documentary record, and build the strongest available defense for each client.

Areas Served

Serving Baltimore & Surrounding Counties

Walsh-Little Law represents clients throughout the Baltimore metropolitan area in both state and federal courts.

Frequently Asked Questions: Embezzlement in Baltimore

If I pay the money back, will the charges go away?

Repayment does not by itself end a criminal case. The decision to prosecute belongs to the State’s Attorney, and theft is complete when it occurs. Restitution can be relevant to how a case is resolved and to sentencing, but it is not a defense, and making a payment can carry evidentiary consequences. It is worth discussing with a lawyer before doing it.

My employer says the total is higher than what I actually took. Does that matter?

Can several small amounts be charged as one felony?

Will a theft conviction affect a professional license?

Contact a Baltimore Embezzlement Defense Attorney Today, Free Consultation

A theft or embezzlement charge does not have to define your future. Depending on the facts of your case, various defense strategies and legal options may be available, from challenging the employer’s valuation to the question of what you were actually authorized to do.

Call Walsh-Little Law today at 410-205-9337 for a free, confidential consultation. David will review your case, explain your options, and start building a defense from day one.

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Disclaimer: The Law Office of David Walsh-Little is a Maryland Limited Liability Company established for the practice of law. The information on this website is for general information only. The content on this site is not legal advice and should not be construed as such. Visitors to this site should not rely on its content when making legal decisions. Access to the information on this website is not intended to, and does not create, an attorney-client relationship between the Law Office of David Walsh-Little, LLC and any other person or entity.