MenuEmbezzlement is a very serious property theft crime because it occurs when someone is entrusted to manage or monitor someone else’s money or property, and using that trust, they steal all or part of that money or property for their personal gain. One of the key elements of embezzlement, which makes it different than general theft, is that the defendant had legal access to another’s money or property, but they did not have legal ownership.
Statute Of Limitations For Embezzlement
The statute of limitations for embezzlement is six years; this means that the prosecution has six years to bring an embezzlement charge against an embezzler. Therefore, if someone committed a crime in 2013 and the charge was not brought by 2019, then the individual accused of embezzling cannot be charged with the crime.
Penalties For Embezzlement
Under Michigan law, embezzlement is punished based on the value of the property stolen. Additionally, the penalty will increase if the defendant has previous felony convictions.
- Property worth less than $200. The penalty for embezzling less than $200 worth of money or property may result in a fine of up to $500 or up to three times the value of the embezzled money, whichever is lower, and up to 93 days in jail.
- Property worth more than $200 but less than $1,000. The penalty for this tier is that the individual may be fined up to three times the value of the embezzled money or property and receive up to one year in jail. If the property was embezzled from a charity or nonprofit organization, the penalty might be increased to a fine of up to $10,000 and up to five years in prison.
- Property worth more than $1,000 but less than $20,000. The penalty for embezzling this amount may result in a fine of up to $10,000 or up to three times the value of the embezzled money or property, whichever is lower, and up to five years in prison. If the defendant embezzled money from a charity or a nonprofit organization, then the fine may be increased to $15,000, and the jail time may be up to 10 years.
- Property worth more than $20,000 but less than $50,000. The defendant may be fined up to three times the value of the embezzled money or property. Additionally, the defendant may be sentenced to up to 10 years in prison.
- Property worth more than $50,000 but less than $100,000. The defendant may be fined up to three times the value of the embezzled property. In addition, the defendant may be sentenced to up to 15 years in prison.
- Property worth more than $100,000 or more. The defendant may be fined up to three times the value of the embezzled property and receive up to 20 years in prison.
The penalties for individuals holding positions that require the public’s trust are generally more severe.
Read more in our blog: Receiving Stolen Property in Michigan
Penalties For Embezzlement By A Public Officer Or Agent
Under Michigan law, a person holding public office who, while in their capacity of a public officer, embezzles property worth more than $50 may face a fine of up to $5,000 and up to ten years in prison.
Penalties For Embezzlement By An Administrator, Executor, Or Guardian
Under Michigan law, an individual appointed as a judge to be an administrator, executor, or guardian who embezzles money while acting in their appointed capacity will face a fine of up to $5,000 and up to 10 years in prison. Embezzlement may also include failure to distribute property from an estate for more than 60 days after being ordered to distribute it.
Penalties For Embezzlement By A Mortgagor, Vendee, Or Lessee
Under Michigan law, if someone who lends, sells, or leases property is found embezzling any personal property entrusted to them in their capacity, they will face the following penalties:
- Property worth less than $200. The penalty for a mortgagor, vendee, or lessee who embezzled less than $200 may be fined three times the value of the amount embezzled and receive up to 93 days in jail. If the defendant has one or more prior theft-related convictions, the defendant may face up to one year in jail.
- Property worth more than $200 but less than $1,000. An individual who is found embezzling within their capacity as a mortgagor, vendee, or lessee may be fined up to three times the value of the property stolen and receive up to one year in jail. However, if the defendant has one or more prior theft convictions, the defendant may face up to five years in jail.
- Property worth more than $1,000 but less than $20,000. An individual embezzling as a mortgagor, vendee, or lessee may be fined up to three times the value of the property stolen and receive up to five years in prison. If the defendant had two or more prior theft convictions, the penalty might increase to up to 10 years in prison.
- Property worth more than $20,000. An individual who embezzles in their capacity as a mortgagor, vendee, or lessee may be fined up to three times the value of the property they embezzled and up to 10 years in prison.
Penalties For Embezzlement By A Bank, Trust Company, Or Credit Union Employee
Under Michigan law, if a bank employs an individual, deposit company, or trust company and either embezzles the money in their capacity or aids another person in embezzling money may face up to 20 years in prison.
Penalties For Embezzlement By A Warehouseman Or Forwarder Of Property
Under Michigan law, if an individual is convicted of embezzling money or property from a warehouse or holding area during their capacity as an employee, then they will face up to $5,000 in fines and up to four years in prison.
Hiring A Criminal Defense Attorney In Michigan
If you or someone you know has been charged with embezzling, it is important to contact an embezzlement lawyer to avoid the severe penalties that may be placed on the defendant. To talk to an experienced attorney, contact us at George Law by calling 248-247-7459 or by filling out an online form, and one of our attorneys will contact you.