Breach of Trust with Fraudulent Intent
Breach of trust is South Carolina's version of embezzlement. Often, a breach of trust charge results when there is a disagreement with an employer or some other person who feels that they are owed money. It is illegal and unethical to use the criminal justice system to obtain an advantage in a civil matter, and some cases simply belong in the civil court.
Sometimes breach of trust cases arise when an employee borrows a vehicle and does not return it promptly or when equipment is taken from a job site and the employer blames a worker. Sometimes money comes up missing from the till in a store, and the employee is blamed. To convict you of breach of trust, the state will have to prove that there was a fiduciary, or trust, relationship, and that something was taken in violation of that trust. The state must also prove that you had the intent to defraud the alleged victim.
The potential penalties for breach of trust are based on the dollar amount alleged to have been taken or the value of the property alleged to have been stolen. Under $2000.00 is a misdemeanor punishable by 30 days, $2000.00 to $10,000.00 is a felony punishable by up to five years, and greater than $10,000.00 is a felony punishable by up to ten years.
If you have been charged with embezzlement or breach of trust or if you suspect you are under investigation, call our Myrtle Beach office at 843-444-6122 or contact us online to ensure that your rights are protected.