Theft, Fraud & Embezzlement Defense Lawyer Milwaukee, Wisconsin

It depends on the amount involved, and it is the first thing any theft defense lawyer checks. Wisconsin charges embezzlement under the general theft statute. [Wis. Stat. § 943.20] Amounts of $2,500 or less are a Class A misdemeanor. Anything above that is a felony, and the felony class rises with the dollar amount, up to a Class F felony for thefts over $100,000.

Yes. Theft by contractor cases fall under Wisconsin’s construction trust fund law, which treats money an owner pays a contractor for a project as a trust fund that must go toward labor and materials. [Wis. Stat. § 779.02(5)]

Using it for something else, including paying off a different project, is theft by a contractor and is punishable under the same theft statute as embezzlement.

Penalties depend on the charge and the amount of money involved. A misdemeanor theft conviction can mean up to 9 months in jail and a $10,000 fine. A felony conviction can mean years in prison, restitution, and a permanent record. [Wis. Stat. § 939.50]

A conviction can also mean the loss of a professional license, and a higger long-term cost. Acting quickly can help you protect that license, which is why one of our white collar crime defense lawyers should be involved before charges are ever filed.

Financial crime cases are document-heavy. Prosecutors often build their case from bank statements, spreadsheets, emails, and accounting records instead of witness testimony, so we review the same material line by line. Complex embezzlement cases often require extensive discovery and expert witnesses, including a forensic accountant to reconstruct what actually happened to the money, rather than accepting what an employer, a bank, or the government alleges.

Financial crime is common, and it is not shrinking. The FBI’s Internet Crime Complaint Center logged more than one million fraud complaints in its 2025 report, totaling $20.877 billion in reported losses nationwide. That is a 26 percent jump from the year before, with business email compromise and wire fraud among the costliest categories. [FBI, 2025 Internet Crime Report] Even so, the state still has to prove intent to deprive someone of their property, not just that money went missing.

A Wisconsin identity theft lawyer on our team will tell you that intent to deprive the owner is often the hardest element for the state to prove beyond a reasonable doubt. A bookkeeping error or a legitimate business dispute can look identical to a crime on paper without proof you meant to commit fraud. This is why legal representation matters from the earliest possible point, ideally before you give a statement to police or an employer. We provide representation from your first call, so contact our office today if you believe you are already under investigation.

Wisconsin does not require proof of a separate fiduciary relationship the way some other states frame embezzlement. To convict someone under the theft-by-bailee section of Wisconsin’s theft statute, the state must show the defendant had lawful possession of money or property through a job, business, or trustee role, used or kept it without the owner’s consent, and intended to convert it to personal use. [Wis. Stat. § 943.20(1)(b)] Facing fraud charges or forgery charges does not automatically mean a conviction, since the state has to prove every one of those elements in criminal court. A forgery defense lawyer reviews each element separately before advising on a plea.

A state fraud or embezzlement case can turn into federal charges when the scheme crosses state lines, involves wire transfers, or touches a federally insured bank. Federal wire fraud carries up to 20 years in federal prison, rising to 30 years if the scheme affects a financial institution. [18 U.S.C. § 1343] Federal prosecutors can also charge each wire transfer or transaction as a separate count, so one scheme can produce multiple federal charges even when only one group of victims is involved. Because federal court works differently than Wisconsin state court, a case that touches both systems needs one of our attorneys who has actually handled federal fraud matters

Plea negotiations resolve a large share of embezzlement and fraud cases, especially when the financial records are hard to dispute, and a trial carries real risk for both sides. For eligible first-time or lower-risk offenders, Wisconsin district attorneys can also offer a pre-charge deferred prosecution or diversion agreement. This can mean charges dropped entirely or reduced if the person completes conditions such as restitution, counseling, or a set period with no new offense committed. Choosing between a plea, a diversion agreement, and a trial is a strategic decision, and our attorneys draw on their combined experience to help clients weigh each option.