|
Embezzlement refers to the illegal act of conversion of another’s property by the person who is in a position of trust. For example, if an employee of a bank fraudulently appropriates the money of a customer of the bank, it would be referred as an act of embezzlement. Embezzlement may involve stealing of small sums of money over a period of time or it may involve fraudulent appropriation of a huge sum of money in one go. It is done by using deceptive practices including presenting false bills, payroll checks to fabricated employees and under reporting the income. This type of crime is most common in corporate fields and sometimes it may get reported from some financial institutions also. It is a statutory offense and penalties differ from state to state depending on its severity. The jail time may range from 30 days period up to 30 years and the fine may include the restitution of the embezzled amount or it can go up to $1.5 million. Some jurisdictions in the United States have the provision of life time probation for such crimes. Title 18, chapter 31 of the United States Code deals with such crimes and their penalties. In the United States, the FBI and Federal Trade Commission handle matters related to this crime. This article answers some of the most commonly asked questions on laws governing such crimes. What is the difference between a felony and misdemeanor embezzlement charge? What is the statute of limitations for such charges in the state of Virginia?
In Virginia, the statute of limitations for a misdemeanor embezzlement charge is one year, but the state offers no statute of limitations for a felony charge. As per Virginia code §18.2-111, an act of embezzlement can be classified as a ‘grand larceny’, which is an unclassified felony and ‘petit larceny’, which is a class 1 misdemeanor offense. Embezzlement involving an item or amount worth more then $200 is considered to be a grand larceny and cases involving an item or amount less than $200 is a petit larceny. How does the California Law go about an embezzlement charge?
Under the California Law, a prosecutor must establish the element of crime which includes three most vital facts. These facts are- that the perpetrator had a relationship of trust with the victim, the accused was entrusted to take care of certain property and he had fraudulently appropriated that property. What are the penalties under California Embezzlement Law?
California treats it as a specialized form of theft and the punishments would depend on several factors including the value and type of the property and the nature of relationship between the embezzler and the victim. If convicted for a misdemeanor charge, the jail term would be of maximum six months, or a fine of $1000, or both. However, a felony conviction would result in a jail term which ranges from 16 months to three years in the state prison. Will my confession be submitted in the court as evidence as I was denied an attorney when the cops interviewed me for embezzlement charges?
It seems that your rights have been violated if you were not read your Miranda Rights by the cops/investigators and in such cases, confessions are not always accepted as evidence. You could retain the services of a criminal lawyer who could listen to your confession tape and assist you on this. What defines an act of embezzlement in Michigan?
The Michigan statute defines embezzler as “A person who as the agent, servant, or employee of another person, governmental entity within this state, or other legal entity or who as the trustee, bailee, or custodian of the property of another person, governmental entity within this state, or other legal entity fraudulently disposes of or converts to his or her own use, or takes or secretes with the intent to convert to his or her own use without the consent of his or her principal, any money or other personal property of his or her principal that has come to that person's possession or that is under his or her charge or control by virtue of his or her being an agent, servant, employee, trustee, bailee, or custodian, is guilty of embezzlement.” This law has a provision of a jail term of up to 93 days and/or a fine of $500 or three times of the embezzled amount or whichever is greater if the embezzled amount is less than $200. If it involves an amount of at least $200 but less that $1000 is again a misdemeanor charge which would result in a jail term of up to one year and/or a fine of $2000 or three times of the embezzled amount or whichever is greater. If somebody is convicted for a felony charge involving an amount of at least $1000 and less than $20,000, he/she may get a jail term of up to five years and/or a fine of $10,000 or three times of the amount embezzled or whichever is greater. Similarly, the law has provision of a jail term of up to 15 years and/or a fine of $15,000 or three times of the amount embezzled or which ever is greater if a person is convicted of a felony charge involving an amount of more than $20,000. If you are involved in an embezzlement case intentionally or unintentionally or if you believe that you have been embezzled by someone else, it is advisable to ask a criminal lawyer who could assist you.
Related Articles -
Embezzlement, what is embezzlement, embezzlement cases, criminal embezzlement, embezzlement law, embezzlement sentence, embezzlement charges, penalty,
|
