Embezzlement and Theft

Federal Defense Lawyer Explains Embezzlement and Theft

Taking money or property that does not belong to you is a crime. In most cases, defendants who steal will face state criminal charges and penalties will be based on the value of the stolen items and, in some circumstances, the methods used to misappropriate the property.

Sometimes, however, theft or embezzlement offenses can rise to the level of federal crimes. When this happens, defendants who are accused of violating the law will need to reach out to a federal criminal defense attorney for help responding to the serious charges they’re facing.

Federal criminal charges usually result in much more serious penalties, and federal authorities have extensive resources to pursue cases to try to ensure defendants are convicted after they’ve been accused.

LV Criminal Defense can help. Our federal criminal defense team provides representation to clients in Arizona, Nevada, Utah, California, Oregon, and surrounding states. We know the ins-and-outs of federal laws on embezzlement and we can work with you to put together the strongest defense possible given the nature of the charges and the evidence against you.

To find out more about the ways in which our firm can assist you with responding to charges, give us a call today.

Federal Laws on Embezzlement and Theft

Federal laws on theft and embezzlement are found in 18 U.S. Code Chapter 31. There are 30 different statutes within Chapter 31 that define different embezzlement or theft offenses that result in federal criminal charges. These include the following:

• 18 U.S. code section 641: Public money, property or records
• 18 U.S. code section 642: Tools and materials for counterfeiting purposes
• 18 U.S. code section 643: Accounting generally for public money
• 18 U.S. code section 644: Banker receiving unauthorized deposit of public money
• 18 U.S. code section 645: Court officers generally
• 18 U.S. code section 646: Court officers depositing registry moneys
• 18 U.S. code section 647: Receiving loan from court officer
• 18 U.S. code section 648: Custodians, generally, misusing public funds
• 18 U.S. code section 649: Custodians failing to deposit moneys; persons affected
• 18 U.S. code section 650: Depositaries failing to safeguard deposits
• 18 U.S. code section 651: Disbursing officer falsely certifying full payment
• 18 U.S. code section 652: Disbursing officer paying lesser in lieu of lawful amount
• 18 U.S. code section 653: Disbursing officer misusing public funds
• 18 U.S. code section 654: Officer or employee of United States converting property of another
• 18 U.S. code section 655: Theft by bank examiner
• 18 U.S. code section 656: Theft, embezzlement, or misapplication by bank officer or employee
• 18 U.S. code section 657: Lending, credit and insurance institutions
• 18 U.S. code section 658: Property mortgaged or pledged to farm credit agencies
• 18 U.S. code section 659: Interstate or foreign shipments by carrier; State prosecutions
• 18 U.S. code section 660: Carrier’s funds derived from commerce; State prosecutions
• 18 U.S. code section 661: Within special maritime and territorial jurisdiction
• 18 U.S. code section 662: Receiving stolen property within special maritime and territorial jurisdiction
• 18 U.S. code section 663: Solicitation or use of gifts
• 18 U.S. code section 664: Theft or embezzlement from employee benefit plan
• 18 U.S. code section 665: Theft or embezzlement from employment and training funds; improper inducement; obstruction of investigations
• 18 U.S. code section 666: Theft or bribery concerning programs receiving Federal funds
• 18 U.S. code section 667: Theft of livestock
• 18 U.S. code section 668: Theft of major artwork
• 18 U.S. code section 669: Theft or embezzlement in connection with health care
• 18 U.S. code section 670: Theft of medical products

Within each of these different statutes, there are specific definitions of each crime and there is an explanation of what prosecutors must prove in order for defendants to be convicted.

For example, 18 U.S. code section 655 deals the offense of theft of a bank examiner.

This statute prohibits bank examiners or assistant examiners from stealing or unlawfully taking any money, notes, drafts, bonds, securities, or other valuable properties from any financial institution that is a member of the Federal Reserve System and/or that is insured by the Federal Deposit Insurance Corporation. It also prohibits bank examiners or assistant examiners from taking money or property from foreign financial institutions, from organizations operating under the Federal Reserve Act, or from safety deposit boxes in or adjacent to such institutions.

Bank examiners and assistant examiners who are found guilty of this offense could fined and/or imprisoned for up to five years, unless the amount taken is under $1,000 – in which case the maximum penalty is a $1,000 fine and up to a year of imprisonment. The bank examiner or assistant examiner would also be disqualified from holding office as a bank examiner or FDIC examiner in the future.

This is just one of many examples of how the statutes within Chapter 31 define different criminal offenses related to embezzlement or theft. A federal criminal defense lawyer can provide detailed insight into the specific elements of the crime you’ve been accused of, as well as your options for responding to charges.

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