New York Embezzlement
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A New York Embezzlement Lawyer can tell you that the offense of Embezzlement is defined as wrongfully taking property or funds that were entrusted to one party but owned by someone else. It is classified as a form of theft, although it works differently than other theft crimes such as petit larceny or grand larceny. If convicted, the legal penalties of this crime can be significant. If you or a loved one has been charged with theft crime, it is important to seek legal guidance as soon as possible. Speak with the legal team at Stephen Bilkis & Associates, PLLC for guidance and a free consultation.
Embezzlement is the fraudulent taking of property by an individual that is in lawful possession of the property. This is often referred to as fraudulent conversion. Conversion is defined as taking possession or ownership of the property of another, or using property that was entrusted to you for your own gain or benefit, and using it in a way that was not authorized.
In order to prove this offense, the New York District Attorney will need to prove:
- The property belonged to someone else;
- The property must have been converted to someone other than the accused;
- The accused must have been trusted by the property owner;
- The accused must have defrauded the property owner.
These cases often arise in the context of an employer-employee relationship. This crime can occur in other fiduciary relationships however, where an individual has access to another person’s assets, business interests or money. The prosecutor will look for evidence of tampered or altered records, or other white collar crimes may have been committed to hide the embezzlement.
In New York, the amount of the property stolen will dictate the penalty:
For money or property valued at $100 or less, penalties can include fines of up to $1,000 or double the amount of the item taken, whichever is more.
For money or property valued between $1,000 to $3,000 the penalties can include fines of $5,000 or double the amount of the item taken, whichever is more.
For money or property valued between $3,000 and $50,000 the penalties include a fine of $5,000 or double the amount of the item taken, whichever is greater, and a 7 year prison term.
For money or property valued between $50,000 and $100,000 the defendant could be facing fines of $15,000 or double the value of the item taken, and 15 years in prison.
For money or property valued at over $100,000, the defendant will be facing a fine of $30,000, or double the amount of the item taken and 25 years in prison.
If convicted, the penalties for this crime are serious and can include prison time, fines and restitution. It is important to speak with our legal team at your first opportunity to ensure that your legal rights are protected. Call us today for sound guidance and a free consultation at 1.800.NY.NY.LAW. We have offices to serve you through New York City, including offices in Manhattan, the Bronx, Brooklyn, Queens and Staten Island. We also have locations in Nassau County and Suffolk County on Long Island as well as Westchester County.