Embezzlement

Embezzlement is the crime of stealing plus a violation of trust or position. It is when someone has been entrusted to manage or monitor someone else’s property or money and then steals some or all it for his personal gain. The key is that the accused has access to the money or property, not ownership.

Penalties

The penalties are based upon the value of the money or property stolen and if the defendant has any prior embezzlement convictions. There are also heightened penalties if the embezzlement occurred for a non-profit organization or if the embezzler held certain positions such as a public official, estate administrator, banker, etc.

Less than $200—Up to 93 days in jail plus $500 in fines or three times the value of the money or property, whichever is greater

If it involved a non-profit or if defendant has one prior conviction—up to one year in jail plus $2,000 in fines or three times the value, whichever is greater

$200-1,000—Up to one year in jail plus $2,000 in fines or three times the value, whichever is greater

If it involved a non-profit or one prior conviction—up to five years in prison plus $10,000 in fines or three times the value, whichever is greater

1,000-20,000—Up to five years in prison plus $10,000 in fines or three times the value, whichever is greater

If it involved a non-profit or one prior conviction—up to 10 years in prison plus $15,000 in fines

20,000-50,000—Up to 10 years in prison plus $15,000 in fines or three times the value, whichever is greater

50,000-100,000—Up to 15 years in prison plus $25,000 in fines or three times the value, whichever is greater

100,000 or greater—Up to 20 years in prison plus $50,000 in fines or three times the value, whichever is greater

Public Official, Agent, or Servant

Any person that holds public office and in an official capacity embezzles $50 or more, the penalty is up to 10 years in prison plus $5,000 in fines.

Administrator, Executor, or Guardian

If the defendant is one of the above mentioned positions as part of probate proceeding and embezzles from the estate, the penalty is up to 10 years in prison plus $5,000 in fines. If a person in such capacity was ordered by the court to distribute money or property from the estate and refuses for 60 days or more, they can be charged with embezzlement.

Mortgagor, Vendee, or Lessee

If someone lends, sells, or leases property and acts outside the scope of their duties with the property, the penalties are the same for embezzlement and is based upon the value.

Bank, Deposit, Trust Company, or Credit Union Employee

If the defendant is one of the above listed capacities and embezzles money or property entrusted to them, the penalty is up to 20 years in prison.

Warehouseman or Forwarder of Property

If an employee embezzles money or property from a warehouse or other holding area (including cargo vehicles), the penalty is up to four years in prison plus $5,000 in fines.

Of course, restitution is part of any embezzlement sentence.

Common Plan or Scheme

If the embezzlement is part of a plan that targets more than one person or entity, the amounts can be aggregated within a 12-month period. If it involves just one person or entity, the amounts can be aggregated with no time limit as to how far back they can go.

Embezzlement is a serious offense with costly penalties. They are also complex charges which often involved expert testimony such as forensic accountants. If charged, you need an experienced white collar criminal defense attorney representing you. If you or someone you know has been charged with embezzlement, contact Austin Legal Services, PLC today at (517) 614-1983 to speak to a Michigan embezzlement defense lawyer.

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