Embezzlement in Illinois: The Need to Know Basics

 Posted on September 20,2017 in Embezzelment

Embezzlement is a type of theft that occurs when a person who has been entrusted with another’s property fraudulently keeps that property for his or herown personal gain or illegally transfers it to a third party. Embezzlement most frequently occurs when money is entrusted to the care of someone who then misappropriates that money in some way.

Examples of Embezzlement

While embezzlement can occur in countless ways, common examples of embezzlement include the following:

• A waitress who pockets cash from a patron’s bill and enters a lesser amount into the cash register so that the till still balances at the end of her shift;
• A payroll department manager of a large company who adds his family members who do not work for the company to the payroll in order to collect checks that they have not earned; or
• The person in charge of counting a church’s weekly offerings who pockets $20 in cash from the collection each week.

Penalties

The penalties for embezzlement in Illinois vary depending on the value of what was stolen in accordance with code section 720 ILCS 5/16-1(b) of the Illinois Compiled Statutes. While those convicted of embezzlement can be forced to pay restitution and substantial fines, they can also be sentenced to serve significant time in prison. For example, consider the following prison sentences that can be handed down in Illinois embezzlement cases:

• Theft not exceeding $500: Class A misdemeanor that is punishable by up to one year in jail. However, if the crime was committed in a place of worship or a school, or if the theft was of government property, then the crime is a Class 4 felony (punishable by up to three years in prison). Additionally, if the offender was previously convicted of another theft crime (for example, armed robbery, forgery, residential burglary etc.) then his or herembezzlement crime may also qualify as a Class 4 felony (punishable by up to three years in prison).

• Theft of $500 to $10,000: Class 3 felony that is punishable by up to five years in prison. However, if the crime was committed in a place of worship or a school, or if the theft was of government property, then the crime is a Class 2 felony (punishable by up to seven years in prison).

• Theft of $10,000 to $100,000: Class 2 felony that is punishable by up to seven years in prison. However, if the crime was committed in a place of worship or a school, or if the theft was of government property, then the crime is a Class 1 felony (punishable by up to 15 years in prison).

• Theft of $500,000 to $1,000,000: Class 1 non-probationable felony that is punishable by up to 15 years in prison.

• Theft exceeding $1,000,000: Class X felony that is punishable by up to 30 years in prison.

Consult With a Local White Collar Criminal Lawyer

As you can see, embezzlement is a serious crime that carries steep penalties in Illinois. Therefore, anyone who has been charged with embezzlement is strongly encouraged to retain an experienced Rolling Meadows white collar criminal lawyer to defend his or herinterests. At The Law Offices of Christopher M. Cosley our criminal defense team has extensive experience defending clients accused of white collar crimes and is intimately familiar was the unique complexities that white collar cases pose.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1