Articles Posted in Embezzlement

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In Michigan, the offense of embezzlement is a crime of opportunity which is committed by someone who is in a position of trust which includes anyone that is an employee or associated with others in a business entity such as a partner or corporate officer.  It can also include persons in unpaid positions that are entrusted with charitable proceeds to collect money for school or club functions.  In the most basic terms, embezzlement means stealing, or committing the act of larceny, during the scope of an employment situation.  Some examples of embezzlement that we have seen in our Macomb County Courts include:

  • Employee working with an outsider and failing to scan items at the point of checkout.
  • Bookkeeper that uses company credit card or checks for personal use.

credit card.jpgIn the course of the last two years there has been a noticeable increase of clients we take on because they have been charged with a fraud crime. Two things are notable about fraud clients, most have little to no criminal history and often do not realize that the charge is a felony. Felonies are always more concerning than misdemeanors because of their stiffer maximum sentences, the fact that it tracks through the Circuit Court/County probation department, can prohibit you from voting, can prohibit gun ownership, restrict your travel, make you ineligible for government assistance (IE welfare), make you ineligible for jury service, and if not a citizen will likely result in deportation. Moreover, many job applications specifically ask if prospective employees have been convicted of a felony. Even a misdemeanor fraud charge can be an awful Scarlet Letter to bear. Having to disclose that you have been in trouble for taking money that didn’t belong to you will negatively affect your ability to find work.

There is a wide range of conduct that can get somebody charged with a fraud crime. Some of these crimes are listed below. Just about anything involving the wrongful taking of somebody else’s money or credit/debit information qualifies as a felony. After the list we will outline defenses and how these cases often play out. These are very abbreviated descriptions of the offenses, for a more in depth discussion please click the links provided.

Financial transaction device: fraudulent use to withdraw or transfer funds. Using a credit card or debit card to withdraw somebody else’s money is a crime. Depending on the amount it can be a misdemeanor or a felony.

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The Michigan Bar Association releases crime data for the state from time to time. While researching cases, we came across an informative article written by the Michigan Bar Association regarding the most frequently charged felonies in the State of Michigan. This article can be viewed here: Top 50 Felonies Most Frequently Charged in Michigan. Based upon our experience, I would agree: this list is an accurate representation of the types of cases that our Macomb County criminal defense firm handles on a frequent basis.

Listed below is a selection of the top felonies charged in Michigan:
Possession of a Controlled Substance (heroin, cocaine, analogues)
• Possession of Marijuana (double penalty for second offense)
• Possession of methamphetamine (MDMA)
Possession with intent to deliver less than 50 grams (cocaine, narcotic)
• Possession of an Analogue controlled substance (pills)
• Possession with intent to deliver marijuana • Manufacturer or delivery of less than 5 kilograms of marijuana • Drunk driving – 3rd offense
• Assault with Dangerous/Deadly Weapon (“Felonious Assault”)
Assault with Intent to do Great Bodily Harm
• Resist/Obstruct a Police Officer & fleeing and eluding • Criminal Sexual Conduct – 1st, 2nd, 3rd and 4th Degree • Keeping or Maintaining Drug House • Home Invasion
• Retail Fraud 1st Degree (Retail Fraud 2nd and 3rd Degree are misdemeanors)
• Larceny in a Building, Larceny from a Vehicle
Sometimes, the amount of loss will determine whether an offense is classified as a felony. Offenses, such as embezzlement and malicious destruction of property, are also on the list of top felonies when the value is $1,000.00 or greater. If the value of stolen property was less than $1,000.00, the offense would qualify as a misdemeanor.

Pursuant to the Michigan Sentencing Guidelines, felonies are further broken down into categories that determine the accompanying sentence. Punishment for each class is listed below:

  • Class A – Life imprisonment
  • Class B – Up to 20 years in prison
  • Class C – Up to 15 years in prison
  • Class D – Up to 10 years in prison
  • Class E – Up to 5 years in prison
  • Class F – Up to 4 years in prison
  • Class G – Up to 2 years in prison
  • Class H – Jail or other intermediate sanctions, such as fines

Note: A future blog will be dedicated to the Michigan Sentencing Guidelines.

Below, you will find connections to some of our blogs that are pertinent to felony cases:

All Felony-related Posts

Drug Possession

Felony Assault – Assault with a Deadly Weapon

Fleeing, Eluding and Obstructing the Police

First Degree Retail Fraud and Larceny

Third Drunk Driving Conviction

Child Abuse and Neglect

Felony Marijuana Possession
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