What factors does the law consider in an embezzlement case?

On Behalf of The Law Office of Jessica Koester, LLC

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Nov 06, 2024

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White-Collar Crime

Embezzlement occurs when someone misuses money or property others have entrusted them to manage. Under federal and Illinois law, it is a form of theft. However, the state does not treat all embezzlement cases the same way. Several factors can determine how serious the charges will be.

The amount or value of the property embezzled

The amount taken determines the severity of the charge and potential penalties. For example, Illinois law considers taking $500 or below a Class A misdemeanor. This means the person convicted of this charge may face up to 1 year in jail and a fine of up to $2,500. On the other hand, someone who embezzles over $1,000,000 can face a Class X felony charge. This offense can carry a prison term of 6 to 30 years and a fine of up to $25,000.

However, other factors can also influence the final charge and sentence. Even smaller thefts can lead to serious consequences, including a criminal record that can affect future opportunities.

The presence of aggravating factors

Specific circumstances involved in the case may lead to harsher punishments. Even if a person seemed to commit a Class 3 felony based on the amount stolen, the court may rule it a Class 2 felony if it involved:

• Stealing from vulnerable entities: The law punishes theft from government agencies, schools or places of worship more severely.
• Exploiting emergencies: Taking advantage of disasters or crises for personal gain attracts harsher penalties.
• Repeating offenses: If the person has prior convictions for similar offenses, then they may face enhanced penalties as a repeat offender.
• Misusing trusted positions: When bankers, lawyers or other professionals use their jobs to steal, they face tougher charges since the court may see it as a serious betrayal of trust.
• Using complex methods: People who use sophisticated schemes to hide their theft or clean stolen money face additional charges and stricter sentences.

Courts may also require individuals convicted of financial misconduct to pay restitution. This means the person must return the misappropriated funds or the value of misused property, as well as any other costs incurred.

Every situation is different

Embezzlement charges can vary widely. If you’re facing allegations, it’s important to work with an attorney who can understand the specifics of your case and guide you through your options.