Impact of Virginia Embezzlement on Targeted Individuals

Embezzlement is not always a clear-cut crime with embezzlers and victims. Among those who have embezzled, there is typically a person who has masterminded the embezzlement plot and those who have followed along. Targeted individuals are low-level members who may have followed along, but did not do much to contribute to the conspiracy. If you have any questions about sentencing or the impact of Virginia embezzlement on targeted individuals, seek the counsel of a local embezzlement attorney.

Impact of Sentencing

Sentencing guidelines in Virginia factor several items about the targeted individual’s personal criminal history and the loss amount. There are three main categories considered by the sentencing guidelines in Virginia. The first category is the primary offense including certain values associated with embezzlement charges. Next, prior felony or misdemeanor convictions are scored under the sentencing guidelines with points assigned to each prior conviction. Finally, the guidelines consider the alleged loss amount which is the amount stolen by the employee. All variables are assigned points in the guidelines and totaled to get a sentencing recommendation.

Physical versus Digital Embezzlement

The manner and means of the crime and the duration of the criminal activity are not factors considered by the Virginia sentencing guidelines. On a subjective basis, the court might consider the manner and means of the crime, especially when it is more severe than a normal embezzlement case.

However, in compiling the sentencing guidelines, which are objective in nature, they are checking boxes and assigning points to things. There are no points associated with the manner and means of the crime which is how  Virginia sentencing guidelines are different from the federal sentencing guidelines that account for a wider array of consideration and often include the manner and means of the criminal activity. This is not true under the Virginia sentencing guidelines.

There are no considerations under the Virginia sentencing guidelines for any adjustments that involve victim related adjustments or the targeted individual’s role in the offense when there are multiple co-defendants. None of those factors are scored under the Virginia sentencing guidelines; they are scored under the federal sentencing guidelines.

Sentencing for Targeted Individuals

The impact of Virginia embezzlement on targeted individuals is that there is not on the sentencing guideline calculations in Virginia. These are subjective things considered by the court when determining whether they follow the guideline recommendations. When there are enough aggravating or mitigating factors, the court might depart upward or downward from the guidelines. However, in terms of the guideline calculation, there is no effect on the victim.

Benefits of Contacting an Attorney

The impact of Virginia embezzlement on targeted individuals can be severe. When the client says they stole a certain amount and the victim says the amount is much higher, the embezzlement sentencing lawyer must do a deep dive into the institution’s financial records to determine why the claim loss amount is so high. In many cases, the institution overstates the loss amount. They try to pin every single loss sustained by their organization on the person they caught embezzling even if they do not have the documentary proof to establish that fact. The lawyer looks at the records; the numbers do not lie.