Embezzlement Laws

Embezzlement laws cover various types of stealing money such as small sum of money over a long period of time or a lump sum of money at a time etc.

Embezzlement Laws

WHAT IS EMBEZZLEMENT:  Embezzlement can be defined as the theft of property from one person by another person. The person who did the theft has the access to the money as he has been entrusted with the money. Embezzlement typically occurs in the business sector. That is, embezzlement can be made by a lawyer, CEO, financial advisor, an accountant, or any other employee of the company to whom money is entrusted. Embezzlement can be of any amount, from a small amount to billions. But, mostly small amounts are taken over a long period of time because small amounts go undetected.

TYPES OF EMBEZZLEMENT:

  1. Creating false suppliers who do not exist actually.
  2. Creating false accounts.
  3. Stealing large amounts of money.
  4. Stealing small amounts of money over a long term.
  5. Under recording the income earned.

EMBEZZLEMENT LAWS:  Embezzlement laws usually differs for each state. But there are some common factors followed by all states. According to Embezzlement laws, a prosecutor should prove that the employee had possession of the funds because of his position and that the fraudulent person had authority to control the funds of the company. The court will take in to consideration the employee's position, job title, job description, and the company's practices.

When a doubt arises of embezzlement in the company, then an Embezzlement law attorney has to be consulted and the Embezzlement Law attorney will construct a case against the suspected person.

According to Embezzlement Law the following penalties can be made:

  1. Jail sentence. [Can be up to 10 years if the money embezzled is public money].
  2. Probation.  [can range from 3-5 years].
  3. Payment of fine.
  4. Restitution.
  5. Community service. {From 20 to 50 hours depending upon the case].

EMBEZZLEMENT SENTENCING:

According to Embezzlement Law, the judge presiding over the case will be responsible fro the sentence given to the defendant according to the severity of the case. If the amount is small, then the attorney can argue and get the sentence reduced.  The suspect can have an attorney to defend his case and make him free of charges made against him. If the embezzlement is public in nature or is of high profile, then it may get a wide media attention, which also could be minimized by the attorney as embezzlement can ruin a person or the company's reputation.

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