Embezzlement (Appropriating) is the misappropriating of funds when a person, trusted with the money or property of an employer, uses it in manner that they are not authorized to do. Commonly, this money is misappropriated for personal use.
The statute for Embezzlement (Appropriating) is OKLA. STAT. tit. 21 § 1451, which states “Embezzlement is the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose, under any of the following circumstances:
- Where the property was obtained by being entrusted to that person for a specific purpose, use, or disposition and shall include, but not be limited to, any funds “held in trust” for any purpose;
- Where the property was obtained by virtue of a power of attorney being granted for the sale or transfer of the property;
- Where the property is possessed or controlled for the use of another person;
- Where the property is to be used for a public or benevolent purpose;
- Where any person diverts any money appropriated by law from the purpose and object of the appropriation;
- Where any person fails or refuses to pay over to the state, or appropriate authority, any tax or other monies collected in accordance with state law, and who appropriates the tax or monies to the use of that person, or to the use of any other person not entitled to the tax or monies;
- Where the property is possessed for the purpose of transportation, without regard to whether packages containing the property have been broken;
- Where any person removes crops from any leased or rented premises with the intent to deprive the owner or landlord interested in the land of any of the rent due from that land, or who fraudulently appropriates the rent to that person or any other person; or
- Where the property is possessed or controlled by virtue of a lease or rental agreement, and the property is willfully or intentionally not returned within ten (10) days after the expiration of the agreement. Embezzlement does not require a distinct act of taking, but only a fraudulent appropriation, conversion or use of property.
Elements of the Crime
In order to be convicted of Embezzlement (Appropriating) in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:
3) personal property;
4) with a value of less than $1,000; $1,000-$2,499.99; $2,500-$14,999.99; $15,000 or more;
5) of a person or legal entity;
6) to any use or purpose not intended or authorized by its owner;
7) where the property was legally obtained; and
ONE of the following elements constituting Embezzlement:
8) the property was entrusted to the defendant for a specific purpose, use, or disposition, including any funds “held in trust” for any purpose;
8) the defendant obtained the property by virtue of a power of attorney for the sale or transfer of the property.
8) the property was controlled or possessed for the use of another person.
8) the property was to be used for a public or benevolent purpose.
8) the defendant diverted money appropriated by law from the purpose and object of the appropriation.
8) the defendant failed or refused to pay over to the state or other appropriate authority any tax or type of monies collected in accordance with state law; and
9) the defendant appropriated the tax or other type of monies for his or her own use, or the use of another person.
8) the defendant possessed the property for the purpose of transportation without regard to whether packages containing the property have been broken.
8) the defendant removed crops from leased or rented premises with the intent to deprive the owner or landlord of rent due from the premises.
8) the defendant fraudulently appropriated rent from leased or rented premises to himself, herself, or any person.
8) the property was possessed/controlled by virtue of a lease or rental agreement; and
9) the defendant willfully or intentionally did not return the property within 10 days after the agreement expired.
Oklahoma Jury Instruction #5-20.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Embezzlement is a complicated white collar offense that requires experienced criminal defense in order to protect your rights. Being charged with Embezzlement (Appropriating) in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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