You might believe that if you weren’t the one pocketing the money, you are legally safe. Perhaps your boss or a board member gave you direct orders and you assume that following them shields you from liability. However, in the eyes of the Department of Justice, following orders is rarely a get-out-of-jail-free card.
As a Michigan employee who took part in an embezzlement scheme, you could still face serious criminal charges. To understand why, it helps to look at one defense many people in your position assume will protect them.
Why the duress defense rarely works
Many people facing these charges turn to the duress defense as a way out. Duress usually applies when you commit a crime because you faced an immediate and serious threat of harm. However, it rarely holds up in embezzlement cases.
Courts often require proof that the threat posed immediate, unavoidable harm and left you with no reasonable escape. Thus, simply following a superior’s directive does not meet that standard. The reason why becomes much clearer when you look at the specific elements that define embezzlement.
Three key elements that work against you
The structure of embezzlement itself makes a duress defense very hard to prove. Three specific elements directly conflict with the claim that you were simply following orders. Each one can carry serious consequences for your case:
- Breach of fiduciary duty: You held a trusted role with legal access to company assets, which means the court views your involvement as a deliberate choice rather than something a superior forced you into.
- Intentional conversion: Embezzlement requires that you knowingly redirected assets for personal gain, which directly undermines the argument that you acted against your will.
- Non-imminent timing: Because embezzlement typically unfolds over time, the court may find that you had opportunities to seek help or remove yourself before completing any part of the crime.
- Together, these three elements paint a picture of deliberate participation rather than unwilling compliance. With that in mind, knowing where you stand legally is not just helpful. It is essential.
Protect yourself if you’ve been charged
An embezzlement charge can upend your life, especially when you feel you had little control over what happened. The law, however, looks closely at your role, your access and your actions. The sooner you understand how these factors apply to your situation, the better you can protect yourself. No one should have to navigate that process alone and knowing your rights is always the first step toward protecting them.