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 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 Minnesota, embezzlement is punished according to the value or type of property stolen, with the possibility of increased penalties for defendants with previous felony convictions. (Miss. Ann. Code § 97-23-19.)
A public employee who embezzles public funds or property will face a fine of up to $5,000, up to ten years in prison, or both. (Miss. Ann. Code § 97-11-31.)
Someone who holds property in trust, manages or takes care of the property with the expectation that it will be returned to its owner or to a beneficiary. For example, the executor of a will holds the property of the estate (the items and money in the will) in trust, for the benefit of those who will inherit the property (the beneficiaries of a will). A defendant convicted of embezzling money or property that the defendant held in trust will face a fine of up to $1,000, up to one year in jail, or both. (Miss. Ann. Code § 97-23-25.)
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.