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Factors of Increased DC Federal Embezzlement Penalties

Federal embezzlement and state level embezzlement vary from state to state. For example, in Maryland, most of the variations of theft are under the same theft statute, so embezzlement and fraud usually come under the same law. The federal system has multiple embezzlement provisions and theft provisions. as well. There is a wide range of options prosecutors can use. Usually, they combine them with mail or wire fraud charges as well. This can result in different penalties for a person. If an individual wants to know more about the factors of increased DC federal embezzlement penalties, they should speak with a capable embezzlement lawyer that could answer their questions.

Determining Which Embezzlement Laws Apply

Ownership of funds is an important factor to determine which embezzlement laws apply. Whether the funds belong to the federal government as opposed to a private entity determines which set of embezzlement laws apply. Another factor is the person’s position. When the person is in a position of public trust, such as an elected official, a government employee, or a civil servant who manages money for the government; that is a separate scenario with specific laws that apply. There are separate laws that can be used for private individuals as well. Bernie Madoff, for example, is a private individual but was prosecuted by the federal government for a variety of crimes including embezzlement.

Penalties for Embezzlement Charges

There are two ways to define the legal penalties for embezzlement charges. One is the statutory minimum, the law has a maximum written into it. Felony embezzlement is up to 10 years. A misdemeanor embezzlement charge usually carries up to one year. The fines for felony embezzlement can go up to $250,000; penalties for misdemeanor felonies for embezzlement can up to a $100,000. The judge could pick anything between zero to 10 years.

They use the sentencing guidelines to determine the appropriate sentence. The sentencing guidelines are provisions that look at factors of increased DC federal embezzlement penalties like the number of alleged victims and the amount of money embezzled to calculate any jail time. Typically embezzlement charges are coupled with other federal charges like wire fraud that has a 20-year maximum penalty. So, a person could be facing even higher maximums than 10 years under the embezzlement provisions.

Factors that Could Cause the Penalties to Increase

The federal sentencing guidelines move up in gradations. The key factors of increased DC federal embezzlement penalties are the amount taken and the number of alleged victims. The amount of money embezzled is one factor in calculating the sentencing range. As the amount increases, the penalties increase.

Another factor is the number of alleged victims. A bigger the scheme with more people injured by it increases the jail time a person faces. A single entity like the federal government might not be affected in the same way, but there are other provisions when a person is an employee of the federal government. Being in a position of trust can enhance the jail time recommendation under the sentencing guidelines. When a person targeted people who are vulnerable individuals such as senior citizens; that factors into the sentencing range as well.

Long-Term Consequences of Conviction

Most people who face embezzlement offenses worry about jail time. Depending on the amount embezzled, a person could end up with a long sentence. A person faces a shorter amount of time because they were not convicted of taking that much money or did not have many alleged victims. The person still faces restitution and forfeiture. The court can order restitution when a person is convicted of embezzlement and frequently forfeiture. A person could be ordered to pay back the $100,000 that was embezzled and pay another $100,000 in forfeitures. Although a person was convicted of taking $100,000, they must pay $200,000 back and that can be hard for a lot of individuals.

There are also employment consequences. People face restrictions on employment for any positions of trust that involved money whether it is a bank teller, a chief financial officer, or an accountant for a company. It is highly unlikely that someone convicted of embezzlement could find subsequent employment being responsible for money. If a person works for the federal government, a conviction for embezzlement can have an impact on their security clearances. The person may be unable to obtain a security clearance after a conviction. When a person is not a citizen, an embezzlement conviction can affect their immigration status. If an individual wants to know more about factors of increased DC federal embezzlement penalties, they should speak with a capable embezzlement lawyer that could also attempt to mitigate the penalties that they might face.

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