List of Felonies

Embezzlement

When an individual engages in the act of embezzlement he fraudulently appropriates, for his own use, property or money entrusted to his care. Embezzlement is often carried out by someone who is in a position of trust, such as an employee or agent.

Embezzlement differs from swindling in that swindling means wrongfully acquiring property using a false pretense, such as a ruse or a lie, to get the victim to transfer the title of property to the wrongdoer. If you swindle someone, you cheat them out of something via false statements, device or tricks to get property or money that you are not entitled to. Swindling is a form of theft.

Larceny
Embezzlement is an outgrowth of the crime of larceny. Larceny is generally defined as a non-violent theft and the unauthorized removal and taking of someone else's personal property, with the intention of depriving the owner of this property. Larceny is a crime against the right of possession.

Embezzlement differs from larceny because embezzlement originates from the lawful taking of something but the subsequent wrongful appropriation of it. Larceny requires felonious trespassory taking of the property from the beginning.

Embezzlement is larceny modified and was created to cover certain acts of fraud that did not come within the scope of larceny. Sometimes the crimes can over lap, although they are considered mutually exclusive crimes.

English Origins
The English legislature devised the crime of embezzlement, which determines specific people who may be liable for the offense, such as corporate officers, agents, bankers and attorneys. The offender is usually someone who is in possession of, or entrusted with, another's property.

Property Definition
Embezzlement statutes vary from state to state. Under some statutes, property is anything of value, including intangible personal property and commercial paper, which includes bonds, stocks, written documents, deeds or contracts, checks and promissory notes.

Types
There are a multitude of embezzlement types but the majority of embezzlement cases involve the misappropriation of assets, which includes supplies and inventory. The accused is usually investigated because cash has come up missing. A charge of embezzlement can be levied against anyone who has access to this cash or to the account from which money has come up missing.

Being charged with embezzlement is nearly as damaging as actually being convicted of it. Even if you are acquitted of the charge, the charge itself can leave a lasting impression and result in stigmatization of the person and inability to find future work.

Most Common
The most common types of embezzlement include theft involving a large amount of money, with the amount being stolen in one fell swoop; stealing small amounts of property or money over time; credit card fraud and falsifying invoices or accounts (records) to conceal a theft.

Employee fraud or stealing is a serious offense because it is done by employees, who exploit their knowledge of a company or organization for illegal gain.

Punishment
If convicted of embezzlement, although the punishment may vary from state to state, you may be sentenced to prison, fined, required to make restitution to the victim and undergo counseling. If you are convicted of a second offense, you are in really hot water this time. You can be charged with felony theft also called petty theft with a prior, and can receive a year or up to three years in prison.

It is considered a serious grand theft offense if you steal more than $400 in goods or money. You may land in prison for well over a year, be put on probation or parole, ordered to pay restitution and required to undergo counseling as well as pay fines.