Yes. In South Carolina, you can still be charged with embezzlement even if you had permission to access or use the money. The key question is often whether you used the money in a way that went beyond the permission you were given, and whether you intended to defraud the owner. At Eppes & Plumblee, P.A., our criminal defense attorneys defend people in Gaffney and throughout Cherokee County who are accused of embezzlement and other white collar crimes.
How South Carolina Defines Embezzlement
Embezzlement generally involves taking money or property that was lawfully entrusted to you and using it for an unauthorized purpose. In South Carolina, embezzlement by a private employee or agent is generally charged as breach of trust with fraudulent intent under S.C. Code § 16-13-230. Embezzlement of public funds is covered by a separate law.
Unlike theft, embezzlement often begins with lawful access. A bookkeeper who handles payroll, an employee with a company credit card, or a family member with access to a relative’s bank account may all have legitimate authority over the money.
Why Permission Does Not Always Protect You
Permission to handle money is not the same as permission to use it for any purpose. Charges may arise when someone allegedly:
- Uses company funds for personal expenses
- Pays themselves more than they were authorized to receive
- Transfers money to a personal account
- Keeps cash payments instead of depositing them
The prosecution generally must prove that you acted with fraudulent intent. Honest mistakes, sloppy recordkeeping, or a misunderstanding about what was allowed are not the same as a crime.
When Permission Can Be a Defense
The scope of the permission you had can be central to your defense. A defense may focus on:
- Written policies, emails, or texts showing what you were allowed to do
- A past practice of approving similar expenses
- A good-faith belief that you were entitled to the money
- Accounting errors or missing records
For example, if a business owner regularly approved certain reimbursements, those approvals may help show that you did not act with fraudulent intent.
Penalties for Breach of Trust in South Carolina
The penalties for breach of trust depend largely on the value of the money or property involved. Lower amounts may be charged as a misdemeanor. Higher amounts are felonies that can carry significant prison sentences. A conviction can also lead to restitution, a criminal record, and lasting damage to your career. In some cases, embezzlement may also lead to federal charges, especially if it involves federal funds or banks.
What to Do If You Are Accused
If your employer or a family member accuses you of misusing funds, avoid making statements or repaying money without legal advice. Repayment may seem like a quick fix, but it can be used as evidence. Keep copies of any records that show what you were authorized to do.
Talk to a Gaffney Embezzlement Defense Lawyer
An embezzlement accusation often comes down to the details of what you were allowed to do. Our attorneys can review the records and help you respond. Call 864-235-2600 or contact us online to schedule a confidential consultation.