How to Find Information on the Penalties for Embezzlement

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Being accused of or charged with embezzlement can lead to severe penalties that can have long-lasting consequences. The crime of embezzlement is defined as the acquisition of property or funds in a fraudulent manner by someone in a position of trust within a company. This can be handled in a criminal manner or with civil consequences, both with their own penalties.

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    Know What Constitutes Embezzlement

  1. 1

    Embezzlement occurs when a person is in a position of trust within a company.

  2. 2

    The theft of property or money must come into the possession of the suspected embezzler because of the nature of his or her position in the company.

  3. 3

    The transfer of possession must be done in a fraudulent way.

  4. 4

    For embezzlement to be proved, the fraudulent possession of money must be intentional.

    Find Information About Criminal Penalties for Embezzlement

  1. 1

    Speak to a criminal lawyer. A lawyer who is an expert on white-collar crime will be able to give you a better idea of what sentences are typical for embezzlement cases in the state you live in.

  2. 2

    Any sentencing involved in a criminal trial is ruled on by the judge. The judge can designate a penalty that falls anywhere within the legal range of sentences for the particular type of embezzlement. This may include a fine and no jail time, or it may include the maximum stay in prison along with a hefty payment.

  3. 3

    U.S. code details specific penalties for all types of embezzlement, ranging from misuse of public funds to embezzlement by bank managers to theft of livestock. A minimum and maximum penalty is stated for each category. Visit the FindLaw Web site (see Resources below) to view U.S. Criminal Code Title 18, Chapter 31, which covers embezzlement , or ask an attorney to explain it to you.

    Find Information About Civil Penalties for Embezzlement

  1. 1

    Discuss penalties with a lawyer who specializes in civil cases. The penalties in civil cases will always depend on the amount of money taken in the embezzlement, but a lawyer can give you a good idea if there are other fees and penalties attached to your civil case.

  2. 2

    Use the Department of Justice Web site (see Resources below) to research potential penalties or penalty statistics for embezzlement in the United States.

Tips and warnings

  • If you are accused of committing embezzlement and the judge finds it not to be true, you have the right to file a defamation lawsuit against your accuser.
  • In addition to restitution, you could be responsible for any legal fees incurred during the investigation if you are found guilty.

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