What is Embezzlement?
There are many types of theft that a person could be charged with. One of them is called embezzlement. Understanding what embezzlement means and how it varies from other crimes can be confusing. The Supreme Court defines embezzlement as:
“The fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come. It differs from larceny in that the original taking was lawful, or with the consent of the owner, while in larceny the felonious intent must have existed at the time of the taking.”
What this means is that embezzlement is a type of financial fraud where someone unlawfully takes money or property they were entrusted to manage or oversee. Unlike theft, embezzlement involves a breach of trust by an employee, financial advisor, or someone in a position of responsibility.
Embezzlement is considered a white-collar crime, which means it is a nonviolent crime that is financially motivated. Embezzlement claims are typically brought forth in federal court. However, under certain circumstances, they can also be tried in a state court. Under Florida law, embezzlement falls under the definition of theft.
What Elements Must Be Proven?
To prove embezzlement, prosecutors must establish the following four key elements beyond a reasonable doubt:
- Fiduciary relationship. The accused had a trusted relationship with the victim (such as an employee-employer or agent-principal relationship).
- Lawful possession: The accused legally received or had access to the money or property due to that relationship.
- Fraudulent conversion. The accused intentionally used or took the property for their own benefit.
- Intent to deprive. The accused intended to deprive the rightful owner of the property. It does not matter if the taking was done temporarily and the accused intended to give the property back. Temporary intent to deprive is not a valid defense.
Penalties
In Florida, the penalties for embezzlement vary based on the amount of money or property embezzled. The charges can range from misdemeanors to first-degree felonies. Embezzlement of more than $100,000 is a first-degree felony, carrying up to 30 years in prison and a $10,000 fine. Embezzlement between $20,000 and $100,000 is a second-degree felony, punishable by up to 15 years and a $10,000 fine. For amounts less than $20,000, it’s a third-degree felony, which can result in up to five years in prison as well as a $5,000 fine. Felonies can result in additional penalties such as loss of constitutional rights and trouble finding gainful employment and housing.
Contact Us Today
Embezzlement is done for personal gain. While just about everybody could use more money, taking it from somewhere is never legal unless it is done with permission.
A Florida criminal defense lawyer from Linkhorst & Hockin, P.A. can help reduce your penalties or avoid a conviction altogether. If you have been accused of a crime, let’s discuss your legal options. To schedule a consultation, call 561-626-8880 or fill out the online form.
Source:
justice.gov/archives/jm/criminal-resource-manual-1005-embezzlement
