MICHIGAN EMBEZZLEMENT LAW
An embezzlement charge carries with it the possibility of jail in addtion to the potential for negatively impacting a person's current and future employment. With such serious potential consequences, it is important to have good legal representation. As a former Oakland County Prosecutor, Mr. Buehner has extensive trial experience on both sides of the courtroom. He khows how to identify and exploit the weakness in the State's. You deserve the best attorney to fight for you: call Jeff Buehner at (248) 865-9640 or fill out our Free Case Evaluation Form below.
EMBEZZLEMENT BY AGENT (1) A person who as the agent, servant, or employee of another person, governmental entity within this state, or other legal entity or who as the trustee, bailee, or custodian of the property of another person, governmental entity within this state, or other legal entity fraudulently disposes of or converts to his or her own use, or takes or secretes with the intent to convert to his or her own use without the consent of his or her principal, any money or other personal property of his or her principal that has come to that person's possession or that is under his or her charge or control by virtue of his or her being an agent, servant, employee, trustee, bailee, or custodian, is guilty of embezzlement.
(2) If the money or personal property embezzled has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.
(3) If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine:
(a) The money or personal property embezzled has a value of $200.00 or more but less than $1,000.00.
(b) The person violates subsection (2) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.
(c) The person violates subsection (2) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.
(4) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine:
(a) The money or personal property embezzled has a value of $1,000.00 or more but less than $20,000.00.
(b) The person violates subsection (3)(a) or (c) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).
(c) The person violates subsection (3)(a) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.
(5) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine:
(a) The money or personal property embezzled has a value of $20,000.00 or more but less than $50,000.00.
(b) The person violates subsection (4)(a) or (c) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).
(c) The person violates subsection (4)(a) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.
(6) If the money or personal property embezzled has a value of $50,000.00 or more but less than $100,000.00, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $25,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.
(7) If the money or personal property embezzled has a value of $100,000.00 or more, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $50,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.
EMBEZZLEMENT BY PUBLIC OFFICIAL: Any person holding any public office in this state, or the agent or servant of any such person, who knowingly and unlawfully appropriates to his own use, or to the use of any other person, the money or property received by him in his official capacity or employment, of the value of 50 dollars or upwards, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years or by fine of not more than 5,000 dollars.
EMBEZZLEMENT BY ADMINISTRATOR, EXECUTOR OR GUARDIAN: Any general or special administrator or any executor or guardian, who has been appointed by a judge of probate and who has collected any goods, chattels, money or effects of the deceased or ward, and who has willfully appropriated the same to his own use and who has been ordered by the judge of probate forthwith to deliver to his successor in trust, ward or any person lawfully entitled thereto, all the goods, chattels, money or effects of the deceased or ward in his hands, and who shall willfully omit, neglect or refuse for 60 days to obey said orders, shall be deemed to have committed the crime of embezzlement, and shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 10 years, or by fine not more than 5,000 dollars.
Warren Center
Line Eastpointe Roseville Fraser St. Clair Shores Sterling Heights Utica
Shelby Macomb Madison Heights Ferndale Hazel Park Royal Oak Berkley Huntington
Woods Oak Park Pleasant Ridge Southfield Lathrup Beverly Hills Bingham
Farms Franklin Farmington Farmington Hills Birmingham Bloomfield Hills
Sylvan Lake Keego Harbor Orchard Lake West Bloomfield Pontiac Waterford
Novi South Lyon Wixom Walled Lake Milford Highland Commerce Wolverine
Lake Springfield Independence Holly Groveland Rose White Lake Brandon
Davisburg Clarkston Ortonville Auburn Hills Rochester Rochester Hills
Lake Angelus Lake Orion Addison Oakland Oxford Troy Clawson Livonia Redford
Westland Dearborn Dearborn Heights Garden City Inkster Taylor Allen Park
Melvindale Lincoln Park River Rouge Wyandotte Southgate Highland Park
Hamtramck Harper Woods Grosse Pointe Belleville Romulus Sumpter Van Buren
Northville Plymouth Canton Detroit Ann Arbor Ypsilanti Chelsea Livingston
Brighton Howell
Assault
& Battery, Aggravated Assault, Embezzlement,
Non-Sufficient Funds Check, Negligent Homicide,
Indecent Exposure, Larceny,
Malicious Destruction of Property, Retail
Fraud, Receiving & Concealing Stolen
Property, Possession of Marijuana, Domestic
Violence, Uttering & Publishing,
Probation Violations, OWI.
Felonious
Assault, Assault with Intent to Murder, Assault
with Intent to Do Great Bodily Harm, 3rd
Offense Drunk Driving/OWI, Embezzlement,
Failure To Pay Child Support, Larceny,
Home Invasion, Fraud,
Fraudulent Use of a Credit Card, Forgery,
Uttering & Publishing, Identity
Theft, Negligent Homicide, Indecent
Exposure, Malicious Destruction, Carrying
a Concealed Weapon, Repeat Offender Domestic Violence,
Fleeing & Eluding, Receiving
& Concealing Stolen Property Arson