What is Embezzlement?

If you have ever been in a tight financial spot--from medical bills, debt, foreclosure, divorce, or even addiction--"borrowing" from your employer withouthis or her knowledge can be tempting. Or you may see significant waste at work through surplus equipment that simply sits in storage, when you knowthat equipment could be sold, either as-is or for component parts or scrap metal--for a profit. Maybe you fully intend to repay "borrowed" money. Maybeyou don't see the harm in taking something your employer isn't using and putting it to use. Maybe you think the company owes you more that you receive,or maybe you just think no one will ever notice a few missing dollars here and there.

Regardless of one's intent, the above situations all constitute embezzlement, a white collar crime, and the charges against you can be quite serious.

Many people think of embezzlement as part of a complicated, multi-million dollar scheme like that behind the collapse of Enron. In reality, most embezzlementis much less glaring. It can involve writing company checks to oneself, altering timesheets, inflating mileage claims, and even taking equipment thatis declared surplus home for personal use or resale.

Oklahoma law defines embezzlement as "the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose notintended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose" (21 O.S. � 1451).In other words, embezzlement is taking any money or property that has been entrusted to you for one purpose and using it in any other manner.

Often, this involves the theft of money--whether through using a company credit card for personal purchases, writing payroll checks to oneself, or siphoningfrom the deposits. However, it can apply to any misuse of property, funds, or even time. For example, a former Oklahoma Highway Patrol trooper wascharged with embezzlement for having sex in his patrol car.The case against the trooper was eventually dismissed, but the initial complaint demonstrates how broad the scope of embezzlement is.

The penalties one faces if charged with embezzlement in Oklahoma depend upon the value of the money or property involved:

1. If the value of the property embezzled is less than Five Hundred Dollars ($500.00), any person convicted shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term not more than one (1) year, or by both such fine and imprisonment;
2. If the value of the property embezzled is Five Hundred Dollars ($500.00), or more but less than One Thousand Dollars ($1,000.00), any person convicted shall be guilty of a felony and shall be punished by imprisonment in the county jail for not more than one (1) year or by imprisonment in the county jail for one or more nights or weekends pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, at the discretion of the court, and shall be subject to a fine not exceeding Five Thousand Dollars ($5,000.00), and ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes;
3. If the value of the property embezzled is One Thousand Dollars ($1,000.00) or more but less than Twenty-five Thousand Dollars ($25,000.00), any person convicted shall be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for a term of not more than five (5) years, and a fine of not exceeding Five Thousand Dollars ($5,000.00), and ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes; or
4. If the value of the property embezzled is Twenty-five Thousand Dollars ($25,000.00) or more, any person convicted shall be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for a term of not more than ten (10) years, and a fine not exceeding Ten Thousand Dollars ($10,000.00), and ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes.

Whether you are charged with a misdemeanor or felony, conviction can have a serious impact on your future. Call an Oklahoma white collar crimes lawyerfor help.