Wednesday, December 19, 2012


While parsing thru the new fiscal year report from the Federal Sentencing Commission, your favorite Clearwater Criminal Defense Attorney found a surprising statistic struggling to be set free among the gender based findings. The report unexpectedly notes that women outnumber men in only one category of crime in Federal Criminal Sentencing, which crime do you think it is? 

with cash in her hands mary caswith cash in hand degas' portrait of mary cassatt  could be charged with embezzlement in federal court in clearwater, largo & tampa bay florida.
Degas, Mary Cassatt & Cash, 1880
Here's a hint. It's not drug trafficking though at nearly 30% of all federal offenses women commit, it represents by far the highest number of women offenders. 

Yet the number of men committing federal drug trafficking far exceeds women who are often used by men as low level operatives or drug mules to transport or sell drugs.

So that leaves us with the intriguing question of which Federal Crime women commit in greater numbers than men. As the Sentencing Commission report notes it's embezzlement:
In the fiscal year 86.5 percent of all offenders were men, compared with 86.5 percent in fiscal year 2007, and 86.0 percent in fiscal year 2002. Among female offenders, the most common crime was drug trafficking (28.8% of all women offenders). Embezzlement was the only crime for which female offenders outnumber male offenders (50.3% to 49.7%)
Before you decide to hire only men to keep those accounts of your business safe, lets look at why women commit federal embezzlement more than men. 
A look at the Federal Code Chapter 31 for Theft and Embezzlement reveals that there's a blurred line between mere Theft and the more sophisticated theft within an Embezzlement. Embezzlement is a theft that also violates a fiduciary duty of trust to an employer or other entity. I suspect that women happen to be in greater positions of trust, not only because they're more trustworthy, but because their jobs may tend to place them in closer proximity to liquid assets, such as the teller's access to cash at a bank
A recurring problem in complex Federal Grand Jury Embezzlement Indictments of alleged white collar crime in Tampa Bay Florida Federal Court is over-broad statutes that result in over-criminalization where Defendants are charged with crimes such as embezzlement without proven criminal intent nor knowledge that what was done was illegal. For example, a company book keeper is ordered by the Company's Chief Financial Officer to keep a second set of books for unknown reasons. Should she be charged in a federal embezzlement scheme?
If you've been charged with a white collar crime such as fraud, forgery, theft or embezzlement, you should seek the advice of a Clearwater Criminal Defense Lawyer who will find the best possible solutions to protect your future.