Embezzlement
In Michigan, embezzlement is a crime whereby the offender is entrusted with possession of the property or money of another and appropriates it for his own use. It differs from the crime of larceny where the offender lacks any right to possess the property of the owner. We have represented clients charged with embezzlement in Macomb County who are employed as bookkeepers, bank employees, retail store employees and building contractors who are entrusted with tools and equipment.
Embezzlement Penalties: The penalty for embezzlement in Michigan depends upon the value of the embezzled property.
| Value of Property Embezzled | Maximum Imprisonment and Fines |
|---|---|
| Under $200 | 93 days and/or $500 or 3x the value of property embezzled |
| $200 but less than $1,000 | 1 year and/or $2,000 or 3x the value of property embezzled |
| $1,000 but less than $20,000 | 5 years and/or $10,000 or 3x the value of property embezzled |
| $20,000 but less than $50,000 | 10 years and/or $15,000 or 3x the value of property embezzled |
| $50,000 but less than $100,000 | 15 years and/or $25,000 or 3x the value of property embezzled |
| $100,000 or greater | 20 years and/or $50,000 or 3x the value of property embezzled |
Embezzlement may involve a single incident or a series of systematic transactions over a long period of time. The amount of property embezzled may support multiple charges or be aggregated to support a higher charge. From a legal point of view, we have defended embezzlement cases when the losses are overstated and the offender is overcharged. In addition, the entity may claim accounting costs which are incurred to discover the extent of losses as part of restitution. Forensic accounting costs can run into several thousands of dollars.
An embezzlement case will usually involve a paper trail. Law enforcement officers prefer to get a detailed confession from the accused party rather than sift through voluminous complex financial documentation.
In a recent Macomb County Embezzlement case, we were able to have a felony embezzlement charge reduced to a misdemeanor after payment of restitution. We were able to get the amount of loss reduced and the client will be eligible to get the misdemeanor expunged if he does not obtain any other convictions.
If you are contacted by your employer or a detective regarding embezzlement or any other crime, you should exercise your right to remain silent and contact a lawyer. The ABDO LAW FIRM is often able to formulate a case strategy to reduce the charges, avoid incarceration, avoid harsh fines and get the issue of restitution under control.
