Embezzlement can be both a state crime and a federal crime depending on what is being embezzled. Typically, if someone embezzles money from the federal government, from a federal government agency, or from a private company working under contract of the federal government, then it may be considered a federal crime. In some cases, embezzlement may be both a state crime and a federal crime because the laws can overlap.
An embezzlement conviction usually results in a fine, time in jail, or both. In general, federal embezzlement offences carry stricter punishments than state offences. However, this may vary from state to state. Typically, the exact punishment depends on the value of the property embezzled, the type of property embezzled, or both. In some states, if there were aggravating factors which accompanied the embezzlement, the sentence may also be different. Some factors which may affect the punishment include:
- The Value of the Items Embezzled – Typically the federal government divides this into two categories: things with a value of over $1,000 and those with a value lower than $1,000 and divides up the sentencing rules accordingly. States vary, but most use a similar method. They set up a monetary value range and where you fall in that range determines your possible punishments.
- The Type of Property – Some states list different punishments for embezzling different specific types of property. Oftentimes, these types of properties will include weapons and firearms, property stolen during an emergency, and public records.
When it comes to federal embezzlement charges, the penalties vary depending on the type of embezzlement. For example, if you are being charged with embezzling public money, property, or records, then you may face up to 10 years in prison and/or a fine of up to $250,000 (if the value of the property embezzled exceeds $1,000). On the other hand, if you are being accused of theft by a bank examiner, then you may also face a fine of up to $250,000 but only up to 5 years in prison.
There are many different laws regarding state and federal embezzlement and the accompanying punishments. If you are being charged with embezzlement, contact a federal embezzlement attorney right away. Call David M. Dudley at 800-941-5986 today for a free case evaluation.