Embezzlement is a kind of property theft. It occurs when someone who was entrusted to manage or monitor someone else’s money or property steals all or part of that money or property for the taker'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.
In Massachusetts, embezzlement is punished according to the value or type of the property stolen, with the possibility of increased penalties for second and subsequent convictions. (266 Ma. Gen. Laws Ann. § 30.)
Embezzling money or property from an adult who is 60 years old or older, or who has a physical or mental disability, incurs increased penalties in addition to paying restitution to the victim for the value of the money or property embezzled. For money or property worth $250 or less, penalties include a fine of up to $1,000, up to two and a half years in prison, or both. For money or property worth more than $250, penalties include a fine of up to $50,000, up to ten years in prison, or both. (266 Ma. Gen. Laws Ann. § 30(5).)
Penalties for embezzlement by a Massachusetts state treasury employee include a fine of up to $2,000, and up to life imprisonment. (266 Ma. Gen. Laws Ann. § 50.)
Penalties for embezzlement by a Massachusetts city, town, or county officer or employee include a fine of up to $1,000, and up to two years in prison. (266 Ma. Gen. Laws Ann. § 51.)
Penalties for embezzlement by a bank officer or employee include a fine of up to $2,000, and up two and a half years in prison. (266 Ma. Gen. Laws Ann. § 52.)
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.