What is Embezzlement?
Embezzlement involves an employee taking advantage of their position in order to unlawfully obtain property for their own monetary or personal gain. If you have been accused of this type of wrongdoing, it is important to understand that Michigan law categorizes embezzling funds in four different levels based upon the amount of the alleged theft. Anything over $1,000 is classified as a felony, the law has been provided below. All Embezzlement charges carry the possibility of a lengthy jail sentence, and thus it is important to seek experienced legal defense as soon as possible. It is difficult to accurately predict the consequences of any case involving theft of a company’s property, but even the lower levels of Embezzlement that are classified as misdemeanors can negatively affect an individual’s future. As in all criminal matters, the lawyers of Garmo & Kiste, PLC in representing you are concerned with all elements of your charge and the process, i.e. keeping you the client out of jail, knowing what employment, licensing and immigration consequences this charge or conviction might cause you, lessening your sentence, and keeping any Court ordered Restitution amount to something you can handle.
If you have been arrested or charged with Embezzlement, we recommend that you retain experienced counsel to aid in the defense of this charge. We know the law and can help you understand your rights and develop defenses to charges levied against you. To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
Building your Defense:
Too many employees that are accused of theft try to provide excuses or reasons for their behavior, and it is important to realize that you can easily say the wrong thing or give false impressions, and that those actions, words and behaviors can later be used against you. Because only a criminal attorney who understands embezzlement is qualified to give specific guidance, an individual needs to be careful who they ask for advice. The absolute best time to build the strongest embezzlement defense is before any charges have actually been filed, and many individuals can lessen the negative impact by retaining counsel prior to an arrest. Answering questions from a detective or police officer can be intimidating; so many individuals appear nervous and portray a sense of guilt even if they are totally innocent. Michigan has very strong penalties for a defendant that is found guilty of embezzling funds or other property, and attempting to build an embezzlement defense without a reputable professional simply does not make any sense.
Whether a person actually committed a crime or not, their entire future could be impacted by their decision to seek the guidance of an experienced criminal lawyer who handles embezzlement cases.
Do you think you will be charged with Embezzlement, have you been arrested for Embezzlement? We know the law and can help you understand your rights and develop defenses to charges levied against you. To retain Garmo & Kiste, PLC, call us at (248) 398-7100, for a free consultation.
Why hire us?
Having handled these cases in volume, typically our attorneys know the prosecutor and the judge, and can anticipate the judge’s responses, understand how the prosecutor will want to proceed, and with that knowledge can negotiate the best deal for our clients in efforts of removing as much uncertainty from the legal justice system as possible.
Remember, judges have a tremendous amount of discretion when imposing your punishment. Without us, or another competent attorney, you may say or do the wrong thing, increasing your punishment. For this reason, looking for an attorney who practices in the county where you were arrested is particularly helpful. Looking for a Troy Michigan Embezzlement Defense Lawyer? For more information about these matters, or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
Michigan Law:
750.174 Embezzlement by agent, servant or employee, or trustee, bailee, or custodian; penalty; prima facie proof of intent; enhanced sentence based on prior convictions; consecutive sentence; conditions.
Sec. 174.
(1) A person who as the agent, servant, or employee of another person, governmental entity within this state, or other legal entity or who as the trustee, bailee, or custodian of the property of another person, governmental entity within this state, or other legal entity fraudulently disposes of or converts to his or her own use, or takes or secretes with the intent to convert to his or her own use without the consent of his or her principal, any money or other personal property of his or her principal that has come to that person’s possession or that is under his or her charge or control by virtue of his or her being an agent, servant, employee, trustee, bailee, or custodian, is guilty of embezzlement.
(2) If the money or personal property embezzled has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.
(3) If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine:
(a) The money or personal property embezzled has a value of $200.00 or more but less than $1,000.00.
(b) The person violates subsection (2) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.
(c) The person violates subsection (2) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.
(4) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine:
(a) The money or personal property embezzled has a value of $1,000.00 or more but less than $20,000.00.
(b) The person violates subsection (3)(a) or (c) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).
(c) The person violates subsection (3)(a) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.
(5) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine:
(a) The money or personal property embezzled has a value of $20,000.00 or more but less than $50,000.00.
(b) The person violates subsection (4)(a) or (c) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).
(c) The person violates subsection (4)(a) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.
(6) If the money or personal property embezzled has a value of $50,000.00 or more but less than $100,000.00, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $25,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.
(7) If the money or personal property embezzled has a value of $100,000.00 or more, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $50,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.
(8) Except as otherwise provided in this subsection, the values of money or personal property embezzled in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of money or personal property embezzled. If the scheme or course of conduct is directed against only 1 person, governmental entity within this state, or other legal entity, no time limit applies to aggregation under this subsection.
(9) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant’s prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:
(a) A copy of the judgment of conviction.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant’s statement.
(10) In a prosecution under this section, the failure, neglect, or refusal of the agent, servant, employee, trustee, bailee, or custodian to pay, deliver, or refund to his or her principal the money or property entrusted to his or her care upon demand is prima facie proof of intent to embezzle.
(11) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction under section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.
(12) The court may order a term of imprisonment imposed for a felony violation of this section to be served consecutively to any term of imprisonment imposed for any other criminal offense if the victim of the violation of this section was any of the following:
(a) A nonprofit corporation or charitable organization under federal law or the laws of this state.
(b) A person 60 years of age or older.
(c) A vulnerable adult as defined in section 174a.
