Embezzlement in Michigan: A Guide for Accused and Concerned Individuals

Embezzlement is a serious white-collar crime in Michigan that involves the misuse of entrusted funds or property. If you’ve been accused of embezzlement or are concerned about someone potentially embezzling from you, this page provides valuable information about the crime, potential penalties, and how to navigate the legal process.

Understanding Embezzlement

Embezzlement occurs when someone who is entrusted with the care of another person’s property or money fraudulently converts those assets for their own use. This crime can be committed by individuals in various capacities, such as:

• Employees entrusted with company funds
• Law clerks handling client money
• Fiduciaries managing estates or trusts
• Public officials responsible for public funds

Elements of Embezzlement

To convict someone of embezzlement in Michigan, the prosecution must prove the following elements:

• The defendant was entrusted with the care of property or money. This could be through employment, a contractual agreement, or a legal designation as a fiduciary.
• The property or money belonged to another person or entity.
• The defendant converted the property or money for their own use. This could involve spending, selling, or otherwise disposing of the entrusted assets.
• The defendant did so fraudulently. There was a deliberate intent to deceive the rightful owner and misappropriate the funds.

Types of Embezzlement in Michigan

Michigan law recognizes different levels of embezzlement charges based on the value of the stolen property or money. Here’s a breakdown:

• Embezzlement Under $200: This is a misdemeanor offense, punishable by fines, jail time (up to 93 days), or both.
• Embezzlement Between $200 and $1,000: This is also a misdemeanor, with potentially harsher penalties than the lower tier.
• Embezzlement Between $1,000 and $20,000: This becomes a felony offense, carrying significant jail time (up to 5 years) and fines.
• Embezzlement of $20,000 or More: This is a high-level felony, with potential prison sentences exceeding 10 years and hefty fines.

Potential Consequences of an Embezzlement Conviction

A conviction for embezzlement in Michigan can have severe consequences beyond the immediate criminal penalties. Here are some additional repercussions you may face:

• Loss of Employment: An embezzlement conviction can lead to termination from your current job and difficulty finding future employment due to the breach of trust involved.
• Restitution: You may be ordered to repay the stolen funds to the victim in full.
• Civil Lawsuits: The victim may also file a civil lawsuit against you to recover damages beyond the stolen amount.
• Damaged Reputation: An embezzlement conviction can significantly damage your personal and professional reputation.

What to Do if You’ve Been Accused of Embezzlement

Embezzlement accusations can be stressful and damaging. Here are some steps to take if you’re facing such an accusation:

• Remain Silent: Don’t speak to the police or anyone else about the allegations without an attorney present.
• Contact an Experienced Attorney: An attorney can explain your legal rights, investigate the case, and develop a strong defense strategy.

What to Do if You Suspect Embezzlement

If you suspect someone you trust is embezzling funds or property from you, here’s what you can do:

• Gather Evidence: Collect any documentation or records that support your suspicions.
• Confront the Suspect (Optional): You may choose to confront the person directly, but proceed with caution and avoid accusing them without concrete proof.
• Report to Authorities: If you have substantial evidence, consider reporting the suspected embezzlement to the police or relevant authorities.
• Consult an Attorney: An attorney can advise you on your legal options and protect your rights throughout the process.

The Law Office of Jeff Garfield, PLC Can Help

At The Law Office of Jeff Garfield, PLC, we understand the complexities of embezzlement charges in Michigan. We are committed to representing both the accused and those who suspect embezzlement has occurred.

• For the Accused: We will fight diligently to protect your rights and explore all possible defense strategies.
• For the Victim: We can help you recover stolen funds through legal means and navigate the complexities of the legal system.

Contact us today for a free consultation to discuss your specific situation.

• Phone: 989-350-9393
• Email: callgarfield@gmail.com

We are here to guide you through this challenging situation and achieve a just resolution.