Embezzlement, the act of misappropriating funds or assets entrusted to one's care, can have devastating consequences for businesses and individuals alike. While embezzlement can occur at various levels and in different contexts, federal embezzlement laws are designed to address particularly serious offenses that cross state lines or involve federal agencies or funds. At KAASS LAW, we understand the complexities of federal embezzlement laws and are dedicated to providing comprehensive legal representation to both those accused of and those victimized by these crimes.
Under 18 U.S.C. § 641 it is prohibited to embezzle property, money, records, or anything else of value that belongs to the United States government or one of its agencies.
In case the 18 U.S.C. § 641 offense involves $1,000 or more:
In case the 18 U.S.C. § 641 offense involves $1,000 or less:
Under 18 U.S.C. § 642 it is prohibited to embezzle tools, printing devices, stamps, or other implements used to create currency notes, federal bonds, certificates, postage stamps, coupons, or other item authorized to be put into circulation by the federal government.
Under 18 U.S.C. § 643 it is prohibited to embezzle public money by federal officers, agents or employees.
In case the 18 U.S.C. § 643 offense involves $1,000 or more:
In case the 18 U.S.C. § 643 offense involves $1,000 or less:
18 U.S.C. § 644 applies to embezzlement by a person who receives and keeps public funds that don’t belong to him.
In case the 18 U.S.C. § 644 offense involves $1,000 or more:
In case the 18 U.S.C. § 644 offense involves $1,000 or less:
Under 18 U.S.C. § 648 and 649, it is prohibited to embezzle either by keeping or failing to promptly deposit federal money by any person charged with the safekeeping of federal money.
In case the 18 U.S.C. § §648 and 649 offense involves $1,000 or more:
In case the 18 U.S.C. § §648 and 649 offense involves $1,000 or less:
18 U.S.C. § 650 addresses the embezzlement by the United States Treasurer, an employee of the treasury, or any other public federal depository.
In case the 18 U.S.C. § 650 offense involves $1,000 or more:
In case the 18 U.S.C. § 650 offense involves $1,000 or less:
18 U.S.C. § 653 addresses embezzlement by any federal officer or employee who is charged with disbursing public money.
In case the 18 U.S.C. § 653 offense involves $1,000 or more:
In case the 18 U.S.C. § 653 offense involves $1,000 or less:
This section addresses embezzlement by federal public bank examiners and assistant examiners when the money embezzled is taken from a banking institution which is a member of the Federal Reserve System, insured by the Federal Deposit Insurance Corporation, is an agency or branch of a foreign bank.
In case the 18 U.S.C. § 655 offense involves $1,000 or more:
In case the 18 U.S.C. § 655 offense involves $1,000 or less:
This section prohibits embezzlement by an employee of any banking credit, lending, or insurance institution the Federal Reserve Act, or by a Federal Reserve employee.
In case the 18 U.S.C. § 657 offense involves $1,000 or more:
In case the 18 U.S.C. § 657 offense involves $1,000 or less:
Under 18 U.S.C. § 658 it is prohibited to embezzle property or money pledged to or held by a farm credit agency as security for a farm loan.
In case the 18 U.S.C. § 658 offense involves $1,000 or more:
In case the 18 U.S.C. § 658 offense involves $1,000 or less:
According to this Section, it is prohibited to solicit a gift of money or other property on behalf of the United States Federal government or one of its agencies with the intent to keep that gift or to embezzle donated property or money.
Embezzling from any employee benefit plan.
This section defines embezzlement by employees of organizations receiving $10,000 or more in federal grants, subsidies, contracts, guarantees, loans insurance, or other forms of federal assistance in one year period.
In case the offense involves $5,000 or more:
This section defined the embezzlement of money, livestock, or any other property worth $10,000 or more, which is connected with marketing or selling livestock in foreign or interstate commerce. Penalties for 18 U.S.C. § 667 Offenses:
According to 18 U.S.C. § 668, it is prohibited to obtain or steal by fraud artwork or other items from a museum when the art is worth at least $5,000 and is over one hundred years old or worth at least $100,000.
If you are facing federal embezzlement charges or believe you have been the victim of embezzlement, contact KAASS LAW today for a consultation. Additionally, we can also help anyone regarding Federal Bribery Laws as well. We are here to protect your rights and help you navigate the complexities of federal law. Don't face these challenges alone – let our experienced legal team fight for you.
California Penal Code Section 503 defines embezzlement as fraudulent appropriation of property by a person to whom it has been entrusted. To commit a person in the embezzlement the prosecutor must be able to prove each of the following elements:
Embezzlement can only be proved if there is an actual evidence of trust or confidence between two parties. To “entrust” means to give a legal power to access or control the property. When a person abuses a position of trust and take or use a property which doesn’t belong to him his action are considered fraudulent. There must be a clear intent to deprive the property’s true owner of its use. This deprivation does not need to be lasting. Merely preventing the owner of the property from using or enjoying his property even for short period of time is considered enough to satisfy the intent element of embezzlement. Restoring the embezzled property will not protect you from punishment, but restoring property may help to decrease the harshness of the sentence.
Embezzlement most commonly occurs in cases in connection with business, because most cases involve an employee/employer relationship. That’s why embezzlement is also called employee theft or employee fraud. Typically embezzlement involves theft which can be both grand and petty theft. However, embezzlement can also be connected to other crimes like forgery, burglary, receiving stolen property.
Defendant had a good faith belief to entitlement: Under California Penal Code 503 you might be exonerated if you had a reasonable belief that you had a right to the property you took. You have to show that:
Lack of criminal intent: Embezzlement, like all theft crimes, requires “specific intent,” so if you took property accidentally or then this defense can apply.
False accusation:False accusations are mostly common in embezzlement cases, because the injured party is almost always someone who had a preexisting business or personal relationship with the defendant.
Since California embezzlement is categorized as a theft crime, you will be faces penalties either charged under grand theft or petty theft depending on the type and value of the embezzled property. When the value of stolen property is less than $950 embezzlement is considered a form of petty theft and when the value is $950 or above embezzlement is a form of grand theft.
You will face the penalties for grand theft embezzlement if the:
In most cases grand theft embezzlement is a wobbler offense in California, thus it may be charged as either a misdemeanor or a felony. Cases involving firearms always carry felony penalties.
Penalties for misdemeanor grand theft embezzlement in California include:
Penalties for felony grand theft embezzlement in California include:
California Penal Code provides sentence enhancement in case grand theft embezzlement includes particularly large sums of money.
In California law petty theft embezzlement is a misdemeanor offense, punishable by:
Hire the most dedicated California embezzlement defense lawyer to the legal services you require! Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171at any time!