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๐Ÿ’ฐ Embezzlement & Breach of Trust ยท Criminal Defence

Embezzlement & Breach of Trust Defence in Dubai

Whether you are facing an allegation or seeking to recover misappropriated assets, our criminal defence team advises individuals, businesses, and shareholders on embezzlement and breach-of-trust matters under UAE law.

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Embezzlement Practice

Financial Crime & Breach of Trust

Embezzlement is a serious financial crime in the UAE, commonly dealt with under the criminal-law provisions concerning breach of trust.

Embezzlement generally arises when a person who lawfully receives money, movable property, documents, or other assets later misappropriates them for an unauthorised purpose or personal benefit. These matters commonly involve relationships of trust, including employees handling company funds, managers, directors, agents, partners, accountants, and individuals entrusted with another person's assets.

Allegations may concern diverted payments, unauthorised transfers, false accounting entries, fictitious transactions, misuse of company assets, or the use of third parties to conceal the movement of funds. In the UAE, embezzlement is commonly dealt with under Article 453 of the Penal Code, which addresses the unlawful appropriation, use, or dissipation of movable property delivered to a person under a legal arrangement such as a deposit, lease, mortgage, loan for use, or agency.

How We Help

Embezzlement & Breach of Trust Services

We advise individuals, businesses, shareholders, and other stakeholders in connection with embezzlement and breach-of-trust matters in the UAE.

Case Assessment

Assessing whether the facts may give rise to a criminal complaint, a civil or commercial claim, or both โ€” and identifying the most effective route for your situation.

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Complaints & Evidence

Preparing and reviewing complaints, supporting documents, and financial evidence to build a clear, well-substantiated case.

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Proceedings Representation

Representing clients during police, prosecution, and court proceedings, from the initial complaint through to trial and appeal where necessary.

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Defending Allegations

Defending individuals facing allegations of embezzlement or breach of trust, including challenging the distinction between a criminal matter and a commercial dispute.

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Asset Recovery

Pursuing asset recovery, compensation, and related civil remedies to recover misappropriated property or losses through the appropriate legal process.

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Internal Investigations

Advising on internal investigations, governance, and risk mitigation to help businesses identify and address misappropriation before it escalates.

Our Approach

Assessing the Facts Carefully

To establish a breach-of-trust allegation, the circumstances surrounding possession of the property, the scope of authority granted, the alleged act of misappropriation, and the resulting harm must be assessed carefully. The distinction between a criminal breach of trust and a commercial or contractual dispute can be crucial, and getting that assessment right early shapes the entire strategy that follows.

Where allegations involve corporate funds, forged documents, cyber-enabled transactions, money laundering, or cross-border transfers, the matter may involve additional legal and regulatory considerations. Every case depends on its facts, the contractual relationship between the parties, and the available evidence โ€” early legal advice can help protect your position and ensure the matter is handled through the appropriate legal channels.

  • Careful assessment of possession, authority, and alleged misappropriation
  • Clear advice on the criminal complaint versus civil claim distinction
  • Preparation of complaints and financial evidence
  • Representation before police, prosecution, and the courts
  • Pursuit of asset recovery and compensation alongside criminal proceedings
FAQs

Embezzlement Law Questions

Embezzlement generally arises when a person who lawfully receives money, movable property, documents, or other assets later misappropriates them for an unauthorised purpose or personal benefit. It commonly involves relationships of trust, such as an employee, manager, or agent who diverts funds or assets entrusted to them.
It can raise both. Embezzlement is commonly pursued as a breach-of-trust criminal complaint, while the affected party may separately seek recovery of the misappropriated property or compensation for losses through the appropriate civil or commercial process. The distinction between a criminal breach of trust and a purely commercial or contractual dispute can be crucial, and we advise on the correct route for your situation.
Article 453 addresses the unlawful appropriation, use, or dissipation of movable property that was delivered to a person under a legal arrangement such as a deposit, lease, mortgage, loan for use, or agency. It is the provision most commonly relied on in UAE breach-of-trust and embezzlement allegations.
Allegations typically involve relationships of trust, including employees handling company funds, managers, directors, agents, partners, accountants, and individuals entrusted with another person's assets. Claims may concern diverted payments, unauthorised transfers, false accounting entries, fictitious transactions, misuse of company assets, or using third parties to conceal the movement of funds.
A conviction may expose an individual to criminal penalties, including imprisonment and fines, depending on the facts, the value and nature of the assets involved, and any related offences. The circumstances surrounding possession of the property, the scope of authority granted, and the alleged act of misappropriation are all assessed carefully in determining the outcome.
Yes. Alongside or instead of a criminal complaint, the affected party may seek recovery of the misappropriated property or compensation for losses through the appropriate civil or commercial legal process. We advise individuals, businesses, and shareholders on pursuing asset recovery and related civil remedies.
Where allegations involve corporate funds, forged documents, cyber-enabled transactions, money laundering, or cross-border transfers, the matter may involve additional legal and regulatory considerations beyond a straightforward breach-of-trust complaint. We coordinate the criminal, civil, and regulatory dimensions of these more complex cases.
We advise businesses on internal investigations, governance, and risk mitigation to help identify and address misappropriation of company assets early. Early legal advice, before or as soon as an issue is suspected, can help protect a company's position and ensure the matter is handled through the appropriate legal channels.

Facing an Embezzlement Allegation or Loss?

Whether you need to defend against an accusation or recover misappropriated assets, early advice protects your position. Contact our team for a confidential consultation.

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