Getting arrested for embezzlement can potentially throw your life into chaos and cause you serious long-term problems. Embezzlement is a type of financial crime involving the misuse of money or other assets entrusted to an individual. The following are just a few examples:
- A store manager or cashier takes money from a register and uses it for car payments.
- A principal uses money set aside for the school science program to help pay for home renovations.
- Executives at an investment firm skim money from clients’ accounts to enrich themselves.
- A state employee defrauds the Medicaid program using fake invoices.
If you’re facing accusations of embezzlement, you could wind up suffering a prison sentence, steep financial penalties, and serious damage to your reputation. For a powerful defense in St. Paul or other locations around Minnesota, it’s crucial to hire reputable attorneys who have extensive experience with cases of financial or white collar crime, including embezzlement.
Which Laws Apply to Embezzlement in Minnesota?
Embezzlement laws aren’t the same in different states across the country. In some states, an action constituting embezzlement may fall under general laws for theft. In other states, there may be statutes specifically dealing with embezzlement.
Public Funds
In Minnesota, there is a specific statute for embezzlement, but it’s applied only to individuals misusing public funds. If the funds they’ve embezzled don’t exceed $2,500 in value, they can face up to five years in prison and/or a maximum fine of $10,000. For embezzlement valued at more than $2,500, the maximum penalties increase to 10 years in prison and/or a $20,000 fine.
Public funds can have a wide range of sources, including grant money awarded by a state agency, the operating expenses of a library or police department, and payments handed out through public benefits programs. Embezzlement involving public funds is typically regarded as a major violation of the public’s trust; this perception can influence the severity of the penalties imposed on people found guilty.
Private Funds
People accused of embezzling private funds in Minnesota may be charged under more general statutes for theft or larceny. The penalties vary depending on multiple factors, especially the amount stolen. For example, individuals whose theft is valued at more than $35,000 may face up to 20 years in prison and/or a maximum of $100,000 in fines.
Embezzlement Cases Are Complex
Even if two embezzlement cases seem superficially similar, their details and possible penalties can differ widely. A range of factors influence each case, including the following:
- Depending on how the embezzlement is thought to have been carried out, individuals can be hit with multiple charges for different kinds of crimes. For example, maybe an individual will face charges pertaining to forgery and identity theft along with embezzlement or larceny.
- The types of assets involved also affect a case. Firearms or controlled substances, for instance, may lead to harsher sentencing penalties regardless of their actual monetary value.
- If multiple people are charged with working together to commit embezzlement, who holds the greatest responsibility for the crime? What role did each individual play?
- An existing criminal record can influence charges and sentencing. Various circumstances, such as a situation of emergency or duress, may also affect a case.
A strong attorney will help you gain a clear understanding of your case and the options available for defending yourself. Your attorney will carefully analyze the evidence brought against you and the circumstances surrounding your alleged actions. You won’t be left undefended against dishonest accusations, flimsy evidence, and other forms of injustice or unfairness.
Reach Out to Us
When you contact us, you can be assured of our compassion and careful attention. We’ll bring to bear the power of our legal skills, substantial experience, and in-depth knowledge to give you the best possible outcome for your embezzlement case.
Posted 24th January 2020 by DeVore Criminal Defense