Larceny is the act of taking property belonging to someone else with their consent and having the intent to permanently deprive the true of it. There are many forms of larceny such as embezzlement. The general definition of embezzlement is the act of taking property entrusted to you for safe keeping. The taking is done without permission and with the intent to deprive the true owner forever. On the state level, most true owners are companies or individuals who entrusted their belongings to a specific person such as an employee or friend. Federal embezzlement is different.
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If you are charged with federal embezzlement, it’s important for you to learn everything you can about the criminal charge. It is also important to hire a federal defense lawyer experienced in defending federal embezzlement crimes.
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What is Federal Embezzlement?
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Federal embezzlement is outlined in title 18 USC Chapter 31. The crime was also defined in an 1895 case. The definition set then is the definition currently used. Embezzlement is the fraudulent appropriation of government property committed by a person entrusted with the property.
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Federal Embezzlement Charges
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The term “embezzlement” means that you are accused of taking property, money or something of value from a government agency. The type of embezzlement charge you face depends on the property and the property’s value.
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The type of property that can be embezzled:
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- Tools or materials used for counterfeiting
- Public records
- Public property
- Public money
- Accounting of public money
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The term “accounting of public money” sounds complex, but it isn’t. The term simply means that a person is accused of manipulating accounting records to hide that alleged theft of money or property. For example, the person may list a deposit for $40 instead of $400 to hide the fact that they too the $360 from a government account.
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How Prosecutors Obtain an Embezzlement Conviction
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A federal prosecutor must use four elements outlined in the federal statute to prove beyond all reasonable doubt that you are guilty of embezzlement. The prosecutor must use evidence to support these elements:
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1. You had a fiduciary or trusted relation between you and a federal government agency or state or local government agency.
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2. You obtained possession of the property via your employment
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3. Your dealings with the government property constituted a fraudulent appropriation or conversion. This means that you allegedly took the property to use as your own.
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4. You had the intent to permanently deprive the government of its property.
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Penalties for Federal Embezzlement Conviction
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Here are the penalties for embezzling public property:
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• Embezzlement of public records, money and property valued less than $1,000 is one year in jail, $100,000 fine
