By Graham Norris

A law enforcement officer serving as treasurer for a nonprofit had every intention of paying back the money he borrowed from the organization’s account. He faced a family emergency and saw the funds as a temporary solution. When he eventually replaced every dollar, he thought the matter was resolved. Instead, he found himself facing embezzlement charges that could have cost him his career and freedom.

This scenario plays out more often than you might think across Texas. What starts as a financial management decision during a crisis—using company funds for medical bills, borrowing from business accounts, or mixing personal and professional finances—can quickly escalate into serious criminal charges. Even when people fully intend to make things right, the law doesn’t always see it that way.

Emergency Financial Decisions That Cross Legal Lines

When financial emergencies strike, desperation can cloud judgment and lead to decisions that seem reasonable in the moment but cross into criminal territory. Under Texas law, the key issue isn’t whether you eventually repaid the money—it’s whether you had permission to take it in the first place.

Common emergency decisions that result in criminal charges:

• Using business funds to cover unexpected medical bills – Accessing company accounts during health crises, even with full intent to repay, can trigger embezzlement investigations
• Taking unauthorized “loans” during personal financial crises – Borrowing from employer accounts without explicit permission, regardless of repayment plans
• Accessing client trust accounts during emergencies – Using funds held in trust for clients, even temporarily, violates fiduciary duties and can result in serious charges
• Borrowing from company accounts with intention to repay – The “I’ll pay it back” mindset doesn’t provide legal protection under Texas theft statutes
• Using nonprofit or organizational funds as a temporary “safety valve” – Board members and treasurers who dip into organizational funds during personal difficulties often face the harshest penalties

The reality is that money often becomes a safety valve during difficult situations—unexpected medical expenses, family emergencies, or sudden financial hardship. Sometimes the underlying reason seems completely justified. However, Texas law treats unauthorized use of funds as theft, even when the person fully intended to make things right and eventually did replace the money.

The Dangerous Practice of Mixing Personal and Business Finances

Poor financial boundaries between personal and business accounts create serious legal vulnerabilities, and what might seem like standard business practices can appear fraudulent to investigators who don’t grasp your operations or intentions.

Poor Record-Keeping Creates Suspicious Paper Trails

Inadequate documentation transforms innocent transactions into seemingly deliberate deception. When investigators review financial records, they’re looking for patterns of intentional fraud. Missing receipts, unclear expense categories, or transactions without proper documentation can make legitimate business expenses look like personal theft.

Using Company Accounts for Personal Expenses

This happens more frequently than most business owners realize, especially in small businesses where the lines between personal and professional expenses blur. Paying personal credit cards from business accounts, using company funds for family expenses, or handling personal transactions through business banking can all trigger investigations. Even small, seemingly innocent uses can accumulate into substantial amounts that cross felony thresholds under Texas law.

The “Borrowing” Trap

The biggest misconception people have is that temporarily taking money with the intent to repay it somehow makes it legal. Under Texas law, unauthorized use constitutes theft regardless of repayment intentions. The legal system doesn’t recognize “borrowing” when you lack permission to access the funds. This principle applies whether you’re an employee accessing company accounts, a board member using organizational funds, or a professional handling client money.

Why Good Intentions Don’t Protect You Under Texas Financial Crime Laws

Texas law focuses on one critical element: whether you had authorization to use the money, not your intentions or eventual actions. The legal reality is stark. Even when someone replaces all the money that was taken, the unauthorized use itself constitutes an offense under Texas statutes.

Texas determines the severity of charges based on dollar amounts involved. What might start as a Class A misdemeanor for amounts under $2,500 can quickly escalate to felony charges as the total reaches $30,000 or more. Many people are shocked to discover that multiple small transactions can be added together to reach these higher thresholds.

In recent cases across Texas, embezzlement charges have ranged from $36,000 to $287,368 in individual cases, with penalties including significant prison time and mandatory restitution. A San Antonio case involved a man sentenced to 63 months in prison for embezzling nearly $2 million by writing checks to himself.

Prosecutors don’t need to prove you intended permanent theft. They can use circumstantial evidence to demonstrate you knew the money wasn’t yours to take. This includes showing you had access to funds through your position, that you made efforts to conceal the transactions, or that you used the money for personal rather than business purposes.

Early intervention allows for better discussion with prosecutors and can sometimes prevent charges from being filed at all. Under Texas Penal Code, embezzlement falls under the broader category of theft, with penalties ranging from fines to 99 years in prison depending on the amount involved.

The timing of when you seek legal help can dramatically impact the outcome of your case. Many people try to “fix” situations by making restitution or changing business practices, but these actions can be interpreted as admissions of guilt.

Take Control of Your Future Before It’s Too Late

If you’re facing investigation for financial crimes or suspect your financial management decisions may have crossed legal lines, every hour counts. The window of opportunity to protect your rights, reputation, and career is narrow, but it’s not closed.

Norris Legal Group has built an impressive track record defending clients against financial crime charges—with over 3,600 cases handled, more than 400 dismissals, and 60 client no-bills. Their approach combines prosecutorial insight with dignified, transparent representation that keeps you informed and confident throughout the process. Contact Norris Legal Group today for a confidential consultation and discover how their proven strategies can help you take control of your future, even in the most challenging circumstances.