Law Enforcement Officers have to know and understand a lot of laws, however they are not lawyers as you all know. Hence, we have access to a lot of resources that help us to understand the wording and precise intentions behind the laws in place.
The topic of discussion today will be surrounding the topic of Embezzlement. Specifically, its definition, its intentions, and how it is charged when it comes to Law Enforcement. Obviously when it comes to the law specific wording can differ from state to state, however based off my experience with different agencies in different states it is pretty much the same across the board. That being said, if every in question…just review the law or ask a lawyer and they should be able to tell you anything pertaining to it.
The topic of discussion today will be surrounding the topic of Embezzlement. Specifically, its definition, its intentions, and how it is charged when it comes to Law Enforcement. Obviously when it comes to the law specific wording can differ from state to state, however based off my experience with different agencies in different states it is pretty much the same across the board. That being said, if every in question…just review the law or ask a lawyer and they should be able to tell you anything pertaining to it.
Embezzlement is defined as the act of stealing or misappropriating funds or property that belongs to the offender’s employer. Right off the back it is clear that an offender suspected of committing Embezzlement has to be a current or former employee who legitimately at some point had legal access to the employer’s resources. This aspect is what defines Embezzlement and differs it from just standard Larceny.
Although the Embezzlement can occur just once, it normally happens multiple times before the employer begins to realize what is happening. When it comes to Embezzlement the burden of truth surrounds the fact that the offender was an employee at the time of the offense, had legal access to the resource stolen, and had actually stole the resource with the intent to defraud the employer.
Embezzlement is intended to protect the business’s assets against those that choose to steal them from the inside, it is specifically targeted at the employees, and can be charged to anyone employed by the business if evidence is found suggesting that the act has occurred.
Embezzlement is looked at and punished in court as a form of Larceny, hence the charge can be both a Misdemeanor and a Felony. The deciding factor is the amount stolen or defrauded from the business in question.
If based off the amount the charge is a Misdemeanor in nature, the offender can face up to twelve (12) months in jail, fines from the court, and be forced to pay the business a specified amount determined by the court. If it Felonies in nature the offender can face up to a minimum of five (5) years in jail/prison, fines from the court, and again ordered to pay the business a specified amount determined by the court.
Embezzlement is unfortunately very common amongst the business community, people believe they have an opportunity to steal and as a result attempt to do just that. From my experience, these people normally admit to their actions once they are caught and approached concerning the acts themselves.
If based off the amount the charge is a Misdemeanor in nature, the offender can face up to twelve (12) months in jail, fines from the court, and be forced to pay the business a specified amount determined by the court. If it Felonies in nature the offender can face up to a minimum of five (5) years in jail/prison, fines from the court, and again ordered to pay the business a specified amount determined by the court.
What is Embezzlement?...