Embezzlement (Secreting)
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. Secretion is the act of concealing or secretly transferring.
Is Embezzlement a Federal Crime?
Embezzlement is a federal crime when it involves the theft or misappropriation of funds or property related to federal programs or entities. This type of crime is taken very seriously and can lead to severe penalties, including hefty fines and long prison sentences. Understanding the nuances of federal embezzlement laws is important if you or someone you know is facing such charges.
If you need legal advice or representation, don’t hesitate to contact Cannon & Associates. Our experienced attorneys are dedicated to defending your rights during federal embezzlement cases. Call us today at 405-689-8218 for a free case strategy session and let us help you build a strong defense.
Have you been charged with a serious crime? Have you been arrested? Got warrants?! Worried about defending those charges or worried about how you can make them go away? Well, it doesn’t have to be that way. Serious steps need to be taken to avoid charges from becoming convictions. If you answered yes to any of these questions, you need a defense lawyer right away. A lawyer can stop the police from contacting you directly.
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The Scope of Federal Embezzlement Laws
Federal embezzlement laws address a unique category of theft involving U.S. government property or federal interests. These laws are strong measures to prevent the misuse of federal funds and resources. They are important tools to fight financial fraud under federal law.
But when does embezzlement escalate from a state crime to a state or federal crime? It crosses this threshold when it involves theft from the federal government or entities handling federal funds, and becomes a federal crime that must be addressed in federal court. Acts of theft by public officials or bank examiners, for instance, face strict federal embezzlement charges that can lead to severe consequences.
Oklahoma Statute
The statute for Embezzlement (Secreting) 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.
Defining Federal Embezzlement
Federal embezzlement is the fraudulent appropriation of property by someone who is entrusted with it. Within the federal system, it’s property that’s been placed under your control because of your position or authority.
The crime of embezzlement signifies a breach of trust, where money or property intended for a specific purpose is instead diverted for personal gain. It’s a delicate issue because the original possession of the property isn’t illegal—it’s the subsequent, fraudulent use that crosses the line into the territory of embezzlement. And it’s this initial consent, the legal taking of property, that makes embezzlement a tricky and often complicated crime to solve.
Criminal Acts Under Federal Embezzlement Charges
Federal embezzlement charges encompass a broad spectrum of offenses. These are elaborate schemes that involve the theft of public money, misuse of bank funds, and mishandling of resources earmarked for essential federal programs. The statutes are clear and comprehensive, ensuring that those responsible for the management of public funds are held to the highest standards of fiduciary duty.
From misapplication and theft to outright fraud, these charges can arise from many illegal actions. Take the misappropriation of employment and training funds under laws like the Workforce Innovation and Opportunity Act—such actions not only constitute federal crimes but also undermine the integrity of programs designed to strengthen the nation’s workforce. With thousands of entities pursued for federal fraud crimes, including those involving COVID-19 relief funds, it’s evident that federal embezzlement is a serious and consequential crime.
Penalties for Federal Embezzlement Crimes
Federal embezzlement consequences are severe. Convictions, depending on the crime’s severity and specifics, can lead to imprisonment spanning six months to an overwhelming thirty years. Financially, the repercussions with fines ranging from $5,000 to a million.
Please be aware that legal regulations, including potential dollar amounts or imprisonment lengths, may change over time. For the most current and accurate information, consult with a legal professional to ensure accuracy in your specific situation.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Embezzlement by secreting is a complex white collar offense, and you need an experienced Oklahoma criminal defense lawyer to defend your case. Being charged with Embezzlement (Secreting) 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.
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Have you been charged with a serious crime? Have you been arrested? Got warrants?! Worried about defending those charges or worried about how you can make them go away? Well, it doesn’t have to be that way. Serious steps need to be taken to avoid charges from becoming convictions. If you answered yes to any of these questions, you need a defense lawyer right away. A lawyer can stop the police from contacting you directly.
Contact – Cannon & Associates: Oklahoma Criminal Defense
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Frequently Asked Questions
What is the difference between federal and state embezzlement charges?
Federal embezzlement charges typically involve the misappropriation of funds or property related to federal programs or entities, whereas state embezzlement charges deal with similar crimes but on a state or local level. The key distinction lies in the source of the funds or property and the jurisdiction overseeing the case. Federal charges often come with more severe penalties due to the involvement of federal interests.
Can embezzlement charges be expunged from my record?
Expungement of federal embezzlement charges is extremely challenging and often not possible. Federal crimes generally have stricter rules regarding record expungement compared to state crimes. However, under certain circumstances and depending on the jurisdiction, some state embezzlement charges might be eligible for expungement.
What should I do if I suspect someone is embezzling funds from my organization?
If you suspect embezzlement, it is crucial to act swiftly but carefully. Start by gathering any evidence that supports your suspicions, such as financial records or witness statements. Then, consult with a legal professional to understand the best course of action, which may include conducting an internal investigation or reporting the matter to law enforcement.
How can organizations protect themselves from embezzlement?
Organizations can implement several measures to protect against embezzlement, such as conducting regular audits, maintaining a strong system of internal controls, and ensuring proper segregation of duties. It’s also beneficial to provide training to employees on recognizing and reporting suspicious activities. Establishing a whistleblower policy can also encourage employees to report unethical behavior without fear of retaliation.
What are some common defenses against federal embezzlement charges?
Common defenses against federal embezzlement charges include a lack of intent, where the accused did not intend to permanently deprive the owner of the property. Another defense could be the claim of authorization, where the accused believed they had permission to use the funds or property in question. Additionally, demonstrating that the accused was a victim of coercion or duress can also serve as a viable defense strategy.
