Estimation of Loss in Virginia Embezzlement Cases

An estimation of loss is the amount of loss taken by the defendant in an embezzlement case. An estimated loss does not carry any weight in court and the claimed loss amount must be verifiable. It must be supported by evidence and calculated under the sentencing guidelines.

The charges associated with an embezzlement charge are taken very seriously in Virginia. Please contact a Virginia embezzlement lawyer today if under investigation.

Evidence Used

There are two primary pieces of evidence the courts regularly consider when determining the actual loss. The actual loss can be verified by financial records such as bank records or internal bookkeeping records kept by the entity during the regular course of their business. Also, the court can consider any estimates or confessions made by the accused person in these cases. Unfortunately, in many cases, people are confronted by management or loss prevention personnel within the entity they work for and are asked to sign a statement admitting to taking a specific amount of money. When such a statement is made and signed, that loss amount is held in high regard by the court.

Actual Loss vs. Intended Loss

The actual loss is the exact amount taken by the person accused. The intended loss might refer to future amounts that were intended to be stolen, but those efforts were foiled by the company investigation or by law enforcement. A judge does not consider intended loss when determining the sentencing guideline factors. However, the judge might consider intended loss when determining whether the sentence recommendation put forth by the guidelines is appropriate. For example, if the person took a small amount of money and had a plan in place that would allow the person to steal a much larger amount of money; the court might think it appropriate to deviate upwards from the sentencing guidelines recommendation.

Fair Market Value

Fair market value deals with merchandise taken during the course of an employee’s history. When merchandise or other items are taken from the employer, the court must determine, based on available evidence, the fair market value of the item. The court considers retail prices when determining the proper value of the item taken.

Determining the Estimation of Loss

Virginia courts have no business estimating the loss. Virginia courts must determine the actual loss represented by actual evidence.

Hearsay to Determine Loss

Hearsay is generally inadmissible, but there are certain exceptions. One exception might be the business records kept during the regular course of business by the entity. When the business records are certified by a record custodian, those records can be admissible as evidence. Other than that, hearsay exceptions are limited in terms of what the court can accept when placing an actual loss value in an embezzlement case.

Role of an Attorney

Virginia embezzlement attorneys never try to prove or disprove the judge’s reasonableness, but they try to disprove the government’s estimation. An experienced lawyer comes into court ready to challenge an estimated loss. The amount of loss must be supported by legitimate forensic evidence that establishes beyond a reasonable doubt the amount taken by the accused. Estimated loss would never hold water in court because it involves fashioning sentencing guidelines that affect a person’s sentence. The court must be presented with legitimate forensic evidence to support any enhancement to the guideline by the alleged loss amount because the loss is so important in the calculation of this guideline.

Contact a Virginia embezzlement lawyer today to begin the process in building a strong defense.