Miami Embezzlement Attorney

Embezzlement cases in Miami-Dade County rarely start with a police report from a stranger. They start with an accountant who notices a gap in the ledger, a bookkeeper whose reconciliations stop matching, or a partner who opens a bank statement and does not recognize a transfer. By the time law enforcement or federal agents call, the employer has usually spent weeks building a spreadsheet of what it believes is missing. The Law Office of Nayib Hassan, P.A. defends individuals, executives, and business professionals accused of taking money entrusted to them, and the firm represents clients throughout Miami, Miami-Dade County, and South Florida.

If you need a Miami embezzlement attorney, the first thing to understand is that embezzlement is not charged as its own offense in Florida the way many people expect. Prosecutors typically use the theft statute, and the dollar figure the accuser attaches to the loss decides how serious the charge is, whether it stays in state court, and whether federal agents take an interest. That number is often the first thing worth challenging.

How Florida Prosecutors Turn a Workplace Accusation Into a Felony

Florida’s theft statute covers a person who knowingly uses someone else’s property with the intent to deprive the owner of it, and embezzlement fits inside it when the property was lawfully in your hands first, as an employee, officer, agent, bookkeeper, or fiduciary. The grade of the offense follows the value of what was allegedly taken.

Property valued at $100 or more but under $750 is petit theft in the first degree, a first-degree misdemeanor, unless it came from a dwelling, in which case it is third-degree grand theft. From $750 up to $20,000, the charge is third-degree grand theft, a third-degree felony carrying up to 5 years. From $20,000 up to $100,000, it is second-degree grand theft, a second-degree felony with up to 15 years. At $100,000 or more, it is first-degree grand theft, a first-degree felony punishable by up to 30 years. Fines can reach $5,000 for a third-degree felony and $10,000 for a first- or second-degree felony.

Those tiers explain why accusers inflate totals and why prosecutors aggregate many small transactions into one count. Moving a case from $22,000 to $18,000 changes the felony class and the sentencing exposure. Moving it below $750 can change whether it is a felony at all.

Why Choose the Law Office of Nayib Hassan, P.A. for an Embezzlement Defense

The Law Office of Nayib Hassan, P.A. is a criminal defense firm led by attorney and founder Nayib Hassan, who defends clients in Miami-Dade County, Broward County, Palm Beach County, Monroe County, and federal courts across the country. Mr. Hassan is a former Broward County Assistant State Attorney with more than 20 years inside the criminal justice system. As a prosecutor he handled thousands of cases and tried hundreds to verdict, so he knows how a charging decision gets made and what a prosecutor needs to see before risking a trial.

That background matters in a case built on records. Mr. Hassan is admitted to the Southern, Middle, and Northern District of Florida federal courts, the federal court for the District of Columbia, and the Eleventh Circuit Court of Appeals, which is important because an embezzlement accusation can become a federal wire fraud, bank fraud, or money laundering case. He is recognized among the Top 100 Trial Lawyers by The National Trial Lawyers, holds a 10.0 Avvo rating, serves on the Miami board of the Florida Association of Criminal Defense Lawyers, and teaches as an adjunct professor at St. Thomas University. He has presented continuing legal education programs on federal court practice to other defense attorneys, and his cases have been covered by The Wall Street Journal, The New York Times, CNN, and the Miami Herald.

The firm limits its caseload so the attorney handling your case is the attorney you speak with. Mr. Hassan is fluent in Spanish and speaks directly with clients and families without an interpreter. The firm is available 24 hours a day, 7 days a week, and consultations are confidential.

Situations That Lead to Embezzlement Accusations in South Florida

• Employee Cash and Payroll Handling: Cashiers, office managers, and payroll staff are accused when till counts, deposits, or payroll runs do not reconcile. Third-degree through first-degree grand theft under Chapter 812 applies depending on the alleged total.
• Bookkeepers and Accountants With Account Access: Unauthorized transfers, altered invoices, and personal charges on company cards are common allegations. Cases often turn on whether the owner approved the practice, even informally.
• Business Partners and Corporate Officers: Disputes over distributions, loans from the company, and reimbursements get reframed as theft when a relationship breaks down. A civil fight over money can become a criminal referral.
• Fiduciaries, Trustees, and Agents: People managing money for a family member, an estate, an association, or a nonprofit can face theft charges when records are incomplete or a relative questions spending.
• Property Managers and Condo or HOA Officers: Miami-Dade’s large condominium and homeowner association communities generate accusations involving assessments, reserve funds, and vendor payments.
• Government Program and Loan Funds: Money received through PPP or EIDL loans and later spent on non-qualifying expenses can draw federal wire fraud, bank fraud, and false statement charges alongside theft allegations.
• Healthcare and Billing Office Staff: Employees who handle patient payments or insurance reimbursements may face accusations that overlap with Medicare or Medicaid fraud investigations.
• Clients and Customer Deposits: Contractors, travel businesses, and service providers who take deposits and fail to perform can be charged when the customer reports the money as stolen rather than owed.

What to Do in the First Days After an Accusation

The decisions you make before charges are filed often matter more than anything that happens afterward. Do not explain yourself to your employer, a partner, an investigator, or a federal agent without a lawyer. Embezzlement cases are intent cases, and an offhand explanation that you were “borrowing” the money or “planned to pay it back” can be quoted as an admission. A false or incomplete statement to a federal agent can also become its own charge.

Do not delete emails, shred records, or edit spreadsheets, even if you think the documents help the other side. Destroying records can look like consciousness of guilt and can create an obstruction problem that is worse than the original accusation. Preserve everything, and let your attorney decide how it gets used.

Do not offer to repay on your own before speaking with counsel. Restitution can be a powerful tool in negotiations, but a payment made in a panic can be treated as an admission, and an informal promise can be recorded or texted.

Felony theft cases in Miami-Dade are heard in the Circuit Criminal Division of the Eleventh Judicial Circuit, which sits at the Richard E. Gerstein Justice Building in Miami. Misdemeanor theft goes to the County Criminal judiciary. If the money moved through a bank, across state lines, or through a federal program, the case may instead be brought in the Southern District of Florida, whose Miami courthouses include the Wilkie D. Ferguson, Jr. United States Courthouse. Knowing which system you are in shapes everything from the discovery you will receive to the sentencing rules that apply.

If you learn you are under investigation, call before an arrest happens. Early involvement can allow your lawyer to present information to prosecutors, challenge the loss figure, and arrange a voluntary surrender rather than an arrest at work or at home.

Deadlines, Penalties, and the Records Question

Florida sets time limits for filing charges. A first-degree felony must generally be charged within 4 years of the offense, other felonies within 3 years, and a first-degree misdemeanor within 2 years. Those clocks matter in embezzlement cases because schemes are often alleged to have run for years, and the accuser may have waited a long time to report. Whether a particular transfer falls inside the window, and whether a series of transactions can be treated as one continuing offense, are questions worth examining count by count.

The consequences extend beyond prison and fines. A theft conviction is a crime of dishonesty, which can end a career in accounting, finance, real estate, healthcare, or any field requiring a license or a fidelity bond. Courts also order restitution, and a felony conviction with adjudication of guilt makes a person ineligible to seal or expunge the record in Florida. That is one reason negotiating the form of the disposition, including whether adjudication is withheld, can matter as much as negotiating the charge itself. Federal cases add sentencing driven by the United States Sentencing Guidelines, where the alleged loss amount often has the largest effect on the range, and there is no parole in the federal system.

Frequently Asked Questions About Embezzlement Charges in Miami

Is embezzlement a felony in Florida?

It can be. Florida prosecutes it under the theft statute, and once the alleged value reaches $750 the charge becomes grand theft, a felony. Below that, it is generally a misdemeanor unless the property was taken from a dwelling.

What is the difference between theft and embezzlement?

In ordinary usage, embezzlement means someone who was lawfully given access to money or property then kept or used it for themselves. Florida does not charge it as a separate offense, so the practical question is the dollar amount and the proof of intent.

What are the penalties for grand theft over $100,000?

First-degree grand theft is a first-degree felony, punishable by up to 30 years in prison and a fine of up to $10,000, plus restitution. Actual sentences depend on the scoring of the case and the facts.

Can I be charged if I intended to pay the money back?

Intent to repay does not automatically defeat a charge, but it can bear on whether you intended to deprive the owner permanently. That question depends on the documents, communications, and who authorized what.

How long can prosecutors wait to charge me?

Generally 4 years for a first-degree felony, 3 years for other felonies, and 2 years for a first-degree misdemeanor, measured from when the offense was committed. Longer or different periods can apply in specific situations, so the dates of each alleged transaction need to be reviewed.

Can my employer’s accusation lead to federal charges?

Yes. If the money moved by wire, through a bank, or involved a federal loan program, prosecutors can charge wire fraud, bank fraud, or money laundering in the Southern District of Florida. Those cases carry sentencing driven by the loss amount.

Will paying restitution make the case go away?

Not by itself. Restitution can influence a prosecutor’s decision and a judge’s sentence, but the decision to charge belongs to the State Attorney or United States Attorney’s Office. It should be negotiated through counsel, not offered informally.

What if the owner approved the transactions verbally?

Authorization is one of the strongest defenses in these cases. Past practice, texts, emails, and the way the business actually operated can show that you had permission or a good-faith belief you did.

Should I talk to my employer’s investigators or HR?

Not without a lawyer. Internal interviews are frequently shared with police and prosecutors, and what you say can be used against you. A lawyer can often handle communications so that nothing you say hurts you.

Can an embezzlement conviction be sealed or expunged?

Not if you are adjudicated guilty of a felony. Eligibility depends on how the case ends, and a person must first receive a certificate of eligibility from the Florida Department of Law Enforcement. This is why the form of the resolution deserves attention early.

Can a theft charge affect a professional license?

Often, yes. Licensing boards treat crimes of dishonesty seriously, and accountants, financial advisors, real estate professionals, and healthcare providers can face discipline even before a case ends. Planning for both fronts at once is important.

Do you represent Spanish-speaking clients and families?

Yes. Mr. Hassan is fluent in Spanish and speaks directly with clients and family members, so nothing is lost between the lawyer and the person making decisions about the case.

Serving Miami-Dade Embezzlement Defense Clients Across South Florida

The firm represents clients from Miami and its surrounding communities, including Hialeah, Doral, Miami Beach, Coral Gables, Kendall, Aventura, North Miami, Homestead, and Miami Gardens. Clients also come from the wider Miami-Dade area, including Miami Lakes, Pinecrest, Palmetto Bay, Cutler Bay, Sweetwater, and Miami Springs, where business owners, property managers, and finance professionals face accusations that start with a workplace audit.

Embezzlement cases do not respect county lines, so the firm also appears in Broward County, Palm Beach County, and Monroe County, and in the Southern District of Florida courthouses that serve those areas. Federal cases are not limited by geography, and Mr. Hassan represents clients charged in federal courts across the country, including matters involving Colombia, Mexico, the Bahamas, Ecuador, and Cuba. The firm also handles state criminal defense matters throughout Florida.

Talk With a Miami Embezzlement Defense Attorney Today

An accusation of taking money you were trusted with feels personal, and it moves quickly once an employer, a bank, or an agent starts building a file. The earlier a Miami embezzlement defense attorney is involved, the more room there is to question the numbers, shape the narrative, and avoid a mistake that cannot be undone. Call the Law Office of Nayib Hassan, P.A. any hour of the day to arrange a confidential consultation and start building your defense.