
Business fraud and embezzlement arise when someone abuses the trust placed in them during a business relationship. Fraud generally involves deliberate deception, such as false financial information or misleading statements about how money will be used. Embezzlement generally involves fraudulently taking or using money or property that was entrusted to someone, such as an employee diverting customer payments or using company funds for unauthorized personal expenses.
Key takeaways
- Fraud generally involves deliberate deception, such as false financial information or misleading statements about how money will be used.
- Embezzlement generally involves fraudulently taking or using money or property that was entrusted to someone.
- Recovery may come through civil lawsuits or through criminal proceedings, and neither route guarantees full recovery.
What is the difference between business fraud and embezzlement?
Fraud generally involves deliberate deception, such as false financial information or misleading statements about how money will be used. Embezzlement generally involves fraudulently taking or using money or property that was entrusted to someone, such as an employee diverting customer payments or using company funds for unauthorized personal expenses.
| Question | Fraud | Embezzlement |
| What it generally involves | Deliberate deception | Fraudulently taking or using money or property that was entrusted to someone |
| Examples | False financial information; misleading statements about how money will be used | An employee diverting customer payments; using company funds for unauthorized personal expenses |
The impact can extend well beyond the missing money. Fraud and embezzlement can disrupt payroll and daily operations, lead to costly business decisions, and damage relationships with customers, employees, lenders, and investors. Investigating the misconduct and addressing the losses can also take time and resources away from running the business.
Two of the more complex types of business fraud are securities fraud, involving deception connected to stocks or other investments, and government contract fraud, involving misconduct in dealings with government agencies. Government contract fraud is often addressed through False Claims Act cases, including qui tam cases—lawsuits brought by private whistleblowers on the government’s behalf.
Recovery may come through civil lawsuits seeking compensation or the return of property, or through criminal proceedings that may require an offender to repay victims. Neither route guarantees full recovery, and the available options depend on the facts and governing law.
Where does Waxman Litigation handle business fraud and embezzlement matters?
Waxman Litigation handles business fraud and embezzlement matters for owners and companies in Washington, DC, Maryland, Virginia, and New York from its office in Chevy Chase, Maryland.
| Jurisdiction | Is Seth B. Waxman admitted? | Trial courts |
| Washington, DC | Yes | Superior Court of the District of Columbia; U.S. District Court for the District of Columbia |
| Maryland | Yes | State and federal courts in Maryland. |
| New York | Yes | State and federal courts in New York. The firm has no New York office and handles New York matters from Chevy Chase. |
| Virginia | No | General information only. The firm appears in Virginia matters on pro hac vice admission. |
Frequently asked questions
What is embezzlement?
Do victims of fraud or embezzlement get their money back?
More in Business Litigation
Talk to a Business Litigation Attorney
If you believe your business or investment was harmed by fraud or embezzlement, or you are facing allegations of fraud or embezzlement, contact Waxman Litigation to discuss your options. Early evaluation can help identify the proper claims, preserve evidence, and assess realistic remedies.
Waxman Litigation · 5425 Wisconsin Ave Ste 600 · Chevy Chase, MD 20815 · (301) 901-3109 · Contact the firm
About the author
Seth B. Waxman is the founder of Waxman Litigation PLLC, a business litigation firm based in Chevy Chase, Maryland that handles business litigation disputes, white-collar defense, internal investigations and court-appointed receiverships.
Before founding the firm, Seth spent decades at international law firms in Washington, DC and New York, as well as 13 years as an Assistant United States Attorney in the U.S. Attorney’s Office for the District of Columbia. He is admitted to practice in the District of Columbia, Maryland and New York, and has served as a court-appointed receiver. He earned his J.D. from the University of Virginia School of Law. Read his full biography and experience.
This page provides general information only and is not legal advice. Reading it does not create an attorney-client relationship. The elements, available remedies, and filing deadlines depend on the facts and governing law.