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McGuire Law

South Carolina Breach of Trust with Fraudulent Intent Defense Attorney

A breach of trust with fraudulent intent charge in South Carolina carries devastating consequences that extend far beyond potential prison time—this felony accusation destroys professional reputations, ends careers, and follows you permanently even if you believe the allegations stem from civil business disputes or accounting misunderstandings.

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Available 24/7 - Immediate Response for White Collar Criminal Defense

Attorney Matt McGuire

Prosecutors across South Carolina aggressively pursue breach of trust cases in Charleston, Columbia, Greenville, Spartanburg, and every county, often transforming ordinary business disagreements, employee-employer conflicts, or partnership disputes into serious criminal prosecutions. Whether you're facing allegations involving your employer's funds, property entrusted to your care, or financial transactions someone now claims were unauthorized, the stakes include years in state prison and a permanent felony record branding you as a thief.

Matt McGuire has defended breach of trust cases throughout all 46 South Carolina counties for over three decades, understanding that these charges often arise from misunderstandings, civil disputes that belong in civil court, or malicious accusations by business rivals seeking advantage. Law enforcement and prosecutors are building their case against you right now. Call (888) 499-5738 immediately—McGuire Law operates 24/7/365 because every hour without legal representation allows investigators to construct narratives you cannot easily dismantle later.

The Legal Expertise of McGuire Law

Breach of trust prosecutions require attorneys who understand the intersection of criminal law, business transactions, and fiduciary relationships. Our expertise in challenging intent elements and exposing civil disputes masquerading as criminal cases gives South Carolina defendants the sophisticated defense they deserve.

White Collar Crime Defense Mastery

Sophisticated defense strategies for breach of trust, embezzlement, and financial crime charges. We navigate complex financial evidence and challenge prosecutorial assumptions about fraudulent intent.

Fiduciary Relationship Analysis

Deep understanding of trust relationships, employment agreements, and partnership contracts. We demonstrate lawful authority and consent that negates criminal intent allegations.

Motion Practice Excellence

Skilled at drafting and arguing motions to dismiss breach of trust charges based on insufficient evidence, civil dispute preemption, and lack of fraudulent intent proof.

Forensic Accounting Expertise

Working with forensic accountants to challenge prosecutorial valuations, expose calculation errors, and demonstrate authorized transactions that disprove criminal allegations.

Grand Jury Defense

Experience presenting exculpatory evidence to prosecutors before indictment, potentially preventing formal charges entirely through early intervention and strategic advocacy.

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Common Breach of Trust Scenarios We Defend

These charges arise in diverse professional and business contexts throughout South Carolina—from employer-employee disputes to partnership disagreements and estate administration conflicts.

Employee-Employer Disputes

Employees accused of misappropriating company funds, unauthorized credit card use, or taking property after disputes with employers about compensation or reimbursements.

Real Estate and Mortgage Professionals

Real estate agents or mortgage brokers charged with mishandling earnest money deposits, closing funds, or client escrow accounts during property transactions.

Business Partnership Conflicts

Business partners facing allegations of diverting company resources to personal use during dissolution disputes or accounting disagreements.

Financial Professionals

Financial advisors, CPAs, or money managers charged with unauthorized investment decisions, excessive fees, or commingling client and personal funds.

Estate and Trust Administration

Trustees, executors, or power of attorney holders accused of mismanaging estate assets, inheritance funds, or resources belonging to incapacitated individuals.

Healthcare Practice Management

Healthcare practice managers or medical office staff accused of taking patient payments, insurance reimbursements, or medical supplies.

Nonprofit Organization Officers

Nonprofit organization officers charged with misappropriating charitable donations, grant funds, or organizational resources during internal investigations.

Civil Disputes Often Become Criminal Cases

Many breach of trust prosecutions begin with civil attorneys advising clients to file police reports after business disputes, employment terminations, or partnership dissolutions.

McGuire Law's Core Values

Breach of trust charges threaten everything you've built professionally and personally. Our values ensure you receive representation that understands both the legal complexities and the human stakes involved in these devastating accusations.

Immediate Crisis Response

We respond immediately to breach of trust allegations, understanding that early intervention before formal charges can make the difference between dismissal and prosecution.

Professional License Protection

We understand that licensed professionals face career destruction beyond criminal penalties. Our defense strategies account for protecting your ability to practice your profession.

Thorough Financial Investigation

We investigate every financial record, transaction, and authorization to build defenses that demonstrate lawful conduct or challenge prosecutorial interpretations of evidence.

Direct Attorney Access

You'll work directly with Matt McGuire throughout your case. Complex financial crime defense requires personal attention from experienced counsel, not paralegals.

Reputation Preservation

We fight not just for your freedom but for your reputation in South Carolina's business communities, understanding that perception matters as much as verdicts.

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Powerful Defense Strategies We Deploy

Breach of trust convictions require proof of fraudulent intent—not just possession or transactions that look suspicious. We attack every element prosecutors must prove.

Lawful Authority Defense

Demonstrating you had lawful authority to use funds or property based on employment agreements, partnership contracts, or verbal authorization from owners.

Consent and Ratification

Proving the alleged victim consented to your actions, ratified transactions afterward, or created the financial arrangements now being called criminal.

Lack of Fraudulent Intent

Establishing lack of fraudulent intent by showing good-faith mistakes, accounting errors, business judgment decisions, or disputes over contract interpretations.

Valuation Challenges

Challenging valuation methods prosecutors use to inflate charges from misdemeanors to felonies through inflated property values or incorrect calculations.

Civil Dispute Exposure

Exposing civil disputes being weaponized as criminal prosecutions by disgruntled business partners, vengeful employers, or individuals seeking leverage in lawsuits.

Constitutional Challenges

Filing motions to suppress illegally obtained evidence from searches violating Fourth Amendment protections or financial records seized without proper warrants.

The McGuire Law Difference

When prosecutors transform business disputes into criminal prosecutions, you need an attorney who understands both worlds. Matt McGuire has spent over three decades defending financial crime charges throughout South Carolina, knowing that what looks like theft to prosecutors often reflects legitimate business disagreements.

Pre-Indictment Intervention

Prosecutors assume silence means guilt—we can communicate your defenses, negotiate resolutions, and present exculpatory evidence before grand jury indictments.

Financial Evidence Mastery

Financial records disappear, witnesses' memories fade, and documentation proving your authority becomes unavailable as months pass. We move quickly to preserve evidence.

Statewide Court Experience

Familiarity with prosecutors and judges across all 46 South Carolina counties gives our clients strategic advantages in bond hearings and trial proceedings.

Civil Resolution Negotiation

Employers and alleged victims often agree to civil resolutions dismissing criminal complaints when attorneys negotiate restitution before cases progress.

Expert Witness Coordination

Character witnesses, expert witnesses, and forensic accountants require time to prepare defenses that rushed trial preparation cannot accomplish effectively.

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Devastating Consequences Beyond Prison Time

Breach of trust convictions destroy more than freedom—they end careers, eliminate professional opportunities, and create permanent barriers in every aspect of life.

Professional Consequences

  • Permanent felony conviction destroying professional licenses for attorneys, CPAs, financial advisors, real estate agents, and healthcare workers
  • Employment termination and inability to find future work in finance, healthcare, education, or government
  • Inability to obtain business licenses, bonding, or professional liability insurance
  • Professional reputation destruction making it impossible to work in your industry

Personal Consequences

  • Immigration consequences including deportation for non-citizens and permanent bars to naturalization
  • Loss of gun rights, voting rights during incarceration, and eligibility for public benefits
  • Restitution orders requiring repayment even when you dispute the amounts
  • Civil lawsuits seeking treble damages and punitive damages alongside criminal prosecution

SC Code § 16-13-230 Penalties

Felony classifications depend on value: $2,000 or less is a misdemeanor, while amounts exceeding $10,000 carry up to 10 years in prison.

Frequently Asked Questions

Breach of trust charges raise complex legal questions about intent, authorization, and the line between civil disputes and criminal conduct. Here are answers to the most common concerns.

What must prosecutors prove for a breach of trust conviction?

Prosecutors must prove you had lawful possession initially, then converted property to your own use with fraudulent intent to permanently deprive the rightful owner. Simple negligence or business disputes don't meet this standard.

How is breach of trust different from ordinary theft?

Breach of trust applies when you had authorized possession before the alleged wrongful conversion occurred. The crime requires prosecutors prove you violated that trust with fraudulent intent.

Can I be charged if my employer authorized the transactions?

Authorization is a complete defense. We demonstrate lawful authority through employment agreements, written permissions, verbal authorizations, and industry practices that made your conduct reasonable.

What if this is really a civil business dispute?

Many breach of trust prosecutions arise from civil disputes weaponized through police reports. We expose when criminal charges are being used as leverage for civil advantage and argue for dismissal.

Will I lose my professional license?

Many professional licensing boards impose automatic suspension or revocation upon conviction. We fight aggressively to prevent conviction or negotiate resolutions that protect your license.

Can charges be dropped if I make restitution?

Restitution agreements can sometimes lead to charge dismissals, especially when alleged victims acknowledge the dispute is financial rather than criminal. We negotiate these outcomes when possible.

What are the penalties for breach of trust?

Penalties depend on value: $2,000 or less is a misdemeanor with up to 30 days jail. Amounts from $2,000-$10,000 carry up to 5 years. Over $10,000 carries up to 10 years in state prison.

Should I talk to investigators before hiring an attorney?

Never. Your statements to investigators without legal counsel will be used against you—anything you say cannot be unsaid once prosecution begins. Call us before speaking to anyone.

Matt McGuire - Attorney

About South Carolina Attorney Matt McGuire

Matt McGuire South Carolina Criminal Defense Personal Injury Family Law Attorney

With over 30 years of experience defending South Carolina, McGuire Law provides elite legal representation with national recognition. McGuire Law has grown from a small practice into one of the most trusted law firms in South Carolina. We understand that legal issues can be overwhelming, whether you're facing criminal charges, dealing with injuries from an accident, or navigating family law matters.

McGuire Law is committed to each client's unique situation, and we don't believe in boilerplate solutions. Every case requires careful analysis, strategic planning, and aggressive representation. Our firm combines over 30 years of experience with cutting-edge legal strategies to achieve the best possible outcomes for our clients.

McGuire Law serves all 46 South Carolina counties. We know these counties, their courts, their legal communities, and most importantly, the people who live here. This local knowledge, combined with our legal expertise, gives our clients a significant advantage.

Matt McGuire received his B.A. from the University of North Carolina - Chapel Hill and his J.D. from the University of South Carolina.

Matt has served as a law clerk for a State Circuit Judge, an Assistant Attorney General for the State of South Carolina, and an Assistant Solicitor in the Fifth Circuit Solicitor's Office.

Matt is a proud husband, father of two, and a long-time resident of Richland County, South Carolina.

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When breach of trust charges threaten your freedom, career, and reputation, you need more than just any attorney – you need Matt McGuire and McGuire Law.

Don't let another day pass without proper legal protection against these devastating white collar criminal allegations. Call McGuire Law now and experience the difference that personal, aggressive, and effective legal representation can make in your breach of trust defense case.

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Columbia Office

2001 Assembly Street, Suite 102-B
Columbia, SC 29201

(888) 499-5738

Contact McGuire Law Today

If you're under investigation or facing breach of trust charges anywhere in South Carolina, contact Matthew McGuire immediately at (888) 499-5738 for a confidential case evaluation. Our firm has successfully defended white-collar criminal cases throughout all 46 counties with tenacious advocacy protecting your freedom, reputation, and future. Don't speak to investigators without representation—call now, chat online, or schedule your consultation. We're available 24/7/365 because your defense cannot wait.

"Deliberate in strategy. Decisive in action."