The law offers specific elements whereby a state should prove for convicting a person accused of misappropriation of property or finances placed under their watch and care. It marks the legal defenses which might be raised by a defendant and punishments which may be imposed post conviction. Most of the embezzlement prosecutions occur at a state level where the penal code of each state has a statute to define this crime. Whether it leads to misdemeanor or felony is based upon the valuation of the property captured by a defendant.
Embezzlement is basically a crime which varies in every jurisdiction. It needs the defendant to transform the property which was entrusted to him or her by the concerned victim. Some of the examples could be a stockbroker that steals money from the account of clients or a contractor taking away lumber which belongs to the real property owner. Transform mainly refers to dealing with property in an inconsistent manner within the arrangement with owner and defendant. Any car dealer that has used a vehicle for personal means which rather he should be selling on the consignment could be guilty for embezzlement.
In depth understanding
For preparing a solid defence to the criminal charges, defendant should understand the real nature of this offense that he or she is accused of. It is significant in many cases and specifically more with embezzlement owing to its relevancy with other property related crimes. In case this defendant has acted improperly, there may be a possibility to defend such charges displaying it doesn’t qualify to be embezzlement.
For instance, the crime has many similarities with larceny. Both these crimes include taking away a property of a different person. Difference lies in the fact that the latter can be committed by someone while the former should have a defendant that was entrusted with a property. It signifies that defendant’s status in a company defines the crime which is applicable. Store clerks aren’t entrusted with cash inside the register and consequently getting hands on it constitutes larceny. However, when it’s taken by store manager, it is referred as embezzlement.
Fraud takes place whenever the defendant gets the ownership of victim’s property via some kind of misrepresentation. Defendant makes use of the scheme for achieving the title of a property. On the other hand, someone guilty of an embezzlement isn’t the owner as soon as it’s possessed. Title continues to stay with rightful owner and possession is taken by defendant. Son, when a mortgage lender traps the client to sign over a deed to client’s home, the lender commits fraud and not embezzlement.
Punishments and restitution
Embezzlement convicts are likely to be ruled for restitution. It refers to the order of returning the taken away property or money. At times, the defendant doesn’t possess the property anymore during the sentencing period and required to repay as installments. Judges impose a probation term which won’t terminate unless the ultimate installment is paid. The judge could additionally order more penalties like fines, incarceration and others.