Embezzlement
With today's economic climate, people are suddenly being confronted with the realization that "the money is gone!" The first order of business seems to be finding someone to blame for the disappearance of funds. Sometimes that money has been stolen. Sometimes there has simply been an error. Sometimes it is the fault of no one person, but a worsening economy. However, in today's Criminal Justice System, the authorities are very easily convinced that the money is gone because of someone's intentional wrongdoing.
Proving the crime of larceny by embezzlement
Embezzlement is a crime of theft. It is a white collar crime wherein the defendant is accused of misappropriating funds entrusted to him or her for personal gain. Usually, this is for economic gain. As is the case with most investigations into white collar crimes, suspects are rarely alerted of the investigation until a case against them have already been made. At that point, it is merely a matter of building that case, often attempting to gather inculpatory statements.
The crime of larceny by embezzlement is governed by Massachusetts General Laws Chapter 266 Section 30. In order for someone to be convicted of larceny by embezzlement, the Commonwealth must prove beyond a reasonable doubt that:
- The individual was in a position of trust or confidence and was entrusted with possession of the personal property of another
- The individual took, hid, or converted the property to his or her own use without the owner's consent
- The individual intended to permanently deprive the owner of the property
Larceny by embezzlement is covered by the same statute as larceny by stealing. Therefore, the punishments for the two crimes are the same. The difference between the two crimes is that in order to be convicted of larceny by embezzlement, the individual must have been in a position of trust and already in possession of the property. Larceny by embezzlement is the conversion of someone else's property that is in the possession of the individual committing the crime, whereas a person who is charged with larceny by stealing is not rightfully in possession of the property at the time of the crime.
Although the elements of the crimes are different, an individual convicted of larceny by embezzlement receives the same punishment as an individual convicted of larceny by stealing. If the value of the stolen property is greater than $250.00, or if the property is a firearm, the individual can be punished by being sentenced to up to 5 years in the state prison or by up to 2 years in jail combined with a fine of up to $25,000.00. Larceny by stealing property worth more than $250.00 or a firearm is a felony. If the value of the stolen property is $250.00 or less, the individual can be punished by being sentenced to up to 1 year in jail or by a fine of up to $300.00. Larceny by stealing property worth $250.00 or less is a misdemeanor.
It is possible to make mistakes that are misread as crimes. It is even easier to help law enforcement build a case against you, even if you have done nothing wrong, in an attempt to "cooperate" and clear yourself on your own. The attorneys at Altman & Altman, based both in Boston and Cambridge, have decades of extensive experience in the representation of clients investigated and/or prosecuted for white collar crimes, including the crime of embezzlement. They include nationally recognized experts in the field of criminal law.
If you suspect that you may be the target of such an investigation, or if you have been formally charged, it is critical to engage experienced counsel to advise and protect you at the first possible moment. Call Altman & Altman at 617.492.3000 today.
