Embezzlement Law
When a person is given access to someone else’s property or money for the purposes of managing, monitoring, and/or using the assets for the owner’s best interests, but then covertly misappropriates the assets for his/her own personal gain and use, this is an example of embezzlement.
This type of crime is most common in the employment and corporate fields. Some embezzlers simply take a large amount of money at once, while others misappropriate small amounts over a long period of time. The methods used to embezzle can vary greatly and are often surprisingly creative. They can include fraudulent billing, payroll checks to fabricated employees, records falsification, “Ponzi” financial schemes and more.
Embezzlement is a statutory offense. The penalties for an embezzlement conviction can vary greatly from state to state and may include fines, jail time and/or probation. If there is a fine, the amount can range from simply paying back the amount embezzled to upwards of $1.5 million. If there is jail time, it can range from 30 days to a maximum of 30 years. And if there is probation, it can be as short as two months, as long as 25 years and in some jurisdictions, there is lifetime probation.
Embezzlement differs from larceny, mainly because in embezzlement, the offender has legal possession of the property, assets and/or money that is being embezzled; whereas in larceny, the offender merely has custody of the property, and not lawful possession.
To consult State Legislation regarding embezzlement laws and regulations please see the Criminal Code by State page. Visit Us at Google+ Copyright HG.org
Embezzlement Law - US
- Embezzlement - Definition
Embezzlement is the act of dishonestly appropriating or secreting assets, usually financial in nature, by one or more individuals to whom such assets have been entrusted. Embezzlement is a kind of financial fraud. For instance, a clerk or cashier handling large sums of money can embezzle cash from his or her employer, a lawyer can embezzle funds from clients' trust accounts, a financial advisor can embezzle funds from investors, or a spouse can embezzle funds from his or her partner. Embezzlement may range from the very minor in nature, involving only small amounts, to the immense, involving large sums and sophisticated schemes.
- Embezzlement of Public Money, Property or Records
Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted Shall be fined under this title or imprisoned not more than ten years, or both.
- FBI - Financial Crimes
The Federal Bureau of Investigation (FBI) investigates matters relating to fraud, theft, or embezzlement occurring within or against the national and international financial community. These crimes are characterized by deceit, concealment, or violation of trust, and are not dependent upon the application or threat of physical force or violence. Such acts are committed by individuals and organizations to obtain personal or business advantage.
- Theft, Embezzlement or Misapplication by Bank Officers or Employees
Title 18, Chapter 31 of the U.S. Code contains sections that deal with the various forms of embezzlement and their penalties. For example, Section 656 covers theft, embezzlement, or misapplication by a bank officer or employee.
Organizations Related to Embezzlement Law
- Federal Trade Commission - Financial Crimes - Embezzlement
The FTC deals with issues that touch the economic life of every American. It is the only federal agency with both consumer protection and competition jurisdiction in broad sectors of the economy. The FTC pursues vigorous and effective law enforcement; advances consumers’ interests by sharing its expertise with federal and state legislatures and U.S. and international government agencies; develops policy and research tools through hearings, workshops, and conferences; and creates practical and plain-language educational programs for consumers and businesses in a global marketplace with constantly changing technologies.
- National Consumers League (NCL)
Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. The National Consumers League is a private, nonprofit advocacy group representing consumers on marketplace and workplace issues. We are the nation's oldest consumer organization.
Publications Related to Embezzlement Law
- Association of Certified Fraud Examiners (ACFE) - Fraud Manual on Employee Embezzlement
The manual describes a host of common fraud schemes perpetrated by trusted employees within the organization, as well as many important concepts about fraud. While these fraud schemes come from the public sector, the same schemes also occur in the private sector. So, there is plenty of information for everyone. The material is not copyrighted and is provided with the compliments of the author, Joseph R. Dervaes, with the hope that readers will use the information to both deter and detect employee embezzlement fraud in the workplace.
- WordPress - Embezzlement
Open source WordPress has been incredibly successful and risen from a handful of users to the most-used blog tool in its category. However, as easy-to-use as we could make the open source package, there was still a barrier in that it requires a hosting account, a database, FTP, and a whole alphabet soup of acronyms that make normal people like you and me dizzy.
Articles on HG.org Related to Embezzlement Law
- Dishonestly Cause a Loss in VictoriaHave you caused a financial or property loss in Victoria? You could be charged with “Dishonestly Cause a Loss”. Find out the elements of this Commonwealth offense and what you should do in case you get charged.
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- White Collar Crime FAQsThe majority of my practice focuses on the defense of federal white collar crimes, which can be a confusing area of law for people who are unfamiliar with the system. In that vein, I've compiled some basic questions and answers regarding white collar criminal defense to help shed some light on the process.
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- Criminal Defense BasicsOur criminal justice system is complex, both conceptually and procedurally. To ensure the fairness of the proceedings, each court system has its own rules of criminal procedure that govern the actions of all players: police, defense lawyers, prosecutors, judges and juries. The US Constitution requires that criminal defendants be accorded due process of law in all proceedings against them.
- Could the Complexity of White Collar Crimes Help Defendants?For people charged with white collar crimes, the challenges local governments face in investigating and prosecuting white collar crimes can be an opportunity for a strong defense. Simplify the issue. That’s the advice often given to prosecutors who must try white collar criminal charges before a jury. White collar crimes often involve complex concepts and evidence.
- What is Passing Bad Checks (Penal Code § 476(a))Passing a bad check is tendering a check for goods or service, from a bank account that has insufficient funds to pay the full amount of the check. It happens every day, to the tune of millions of dollars in California alone. Even attempting to tender a check with insufficient funds is a crime. The payee does not need to receive the check and attempt to cash or deposit it.
- What is Embezzlement (Penal Code § 503)?The mention of embezzlement conjures up images of an untrustworthy accountant methodically stealing small amounts of cash over a long period of time, adding up to thousands of dollars, or an employee at a cash register dropping a few dollars here and there into his or her pants pockets. Sadly it seems the most common type of embezzlement recently is by caretakers stealing from an elderly person.
- What is the Difference Between a Misdemeanor and a Felony?Our office often defends clients accused of offense, that can be classified as either a misdemeanor or a felony. Such an offense is known as a “wobbler.” When the District Attorney’s office decides to bring the case as a felony, our office always considers whether and how we can reclassify the case as a misdemeanor under Penal Code § 17 (b).
- Accused of Embezzling? Why You Need a Skilled Kansas City Embezzlement AttorneyWhen you are accused of or arrested for embezzling (whether innocent or guilty), it can be frightening and stressful. What will happen to you? Who can you turn to for help? An experienced Kansas City embezzlement attorney will answer all of your questions, guide you through what you can expect, and provide you with exceptional legal representation.
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