Embezzlement is a kind of property theft. It occurs when a defendant, who was entrusted to manage or monitor someone else’s money or property, steals all or part of that money or property for the defendant’s personal gain. The key is that the defendant had legal access to another’s money or property, but not legal ownership of it. Taking the money or property for the defendant’s own gain is stealing; when combined with the fact that this stealing was also a violation of a special position of trust, you have the unique crime of embezzlement.
Embezzlement can occur in a variety of circumstances. For example, a bank teller has legal access to client money, and is trusted to handle but not take that money. Officers and employees of companies can also embezzle funds belonging to the company, as can family members caring for a relative, professionals like lawyers or board members who handle client or investor money, or anyone in a position of trust with regard to someone else’s money or property.
For more information about embezzlement, see Embezzlement: Penalties and Sentences.
How is Embezzlement Punished in Maine?
In Maine, embezzlement is punished according to the value of the money or property stolen, with the possibility of increased penalties for defendants with previous felony convictions. (15 Me. Rev. Stat. Ann. § 353.) In addition to restitution (paying the victim back for the amount embezzled), penalties include the following.
- Money or property worth less than $500. Penalties include a fine of up to $1,000, up to one year in jail, or both.
- $500 or more, but less than $1,000. Penalties include a fine of up to $2,000, between one and three years in prison; or both.
- $1,000 or more, but less than $10,000. Penalties include a fine of up to $5,000, between three and five years in prison, or both. This penalty also applies to defendants who have two or more prior theft-related convictions (even if the value of the embezzled property is less than $1,000). However, defendants who embezzle more than $10,000 are still punished according to the following section.
- More than $10,000. Penalties include a fine of up to $20,000, between five and ten years in prison, or both. This section also applies when the property is a firearm or explosive device (regardless of value).
Alternately to the fines listed above, judges in Maine have the discretion to impose a fine of up to twice the amount of value of the property or money that the defendant embezzled. (53 Me. Rev. Stat. Ann. § 1301(F).)
An Important Note on Local Legal Representation
If you have been charged with a property theft or embezzlement-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of property theft charges are governed by statutory law, only a local criminal defense attorney can tell you how strong the case against you appears to be, and how cases like yours tend to be handled by prosecutors and judges in your courthouse. An experienced lawyer can also advise you as to possible alternatives to criminal punishment, such as paying back the money involved, along with court fees and other costs, or some other alternative that your judge might consider.