Embezzlement is the fraudulent appropriation of funds or property by an individual entrusted with managing them. Essentially, if someone wrongfully takes or misuses property entrusted to them for personal gain, it is prosecuted as theft under Maine’s criminal code.
In Maine, this white-collar crime is treated as a serious offense by the judicial system regardless of whether it occurs in the context of a business relationship, within a financial institution, or in a personal relationship.
If you are accused of embezzlement, it is essential to take the appropriate actions to protect your freedom and reputation. Start with a case evaluation with the experienced embezzlement defense lawyers at The Maine Criminal Defense Group.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
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What is embezzlement?
Under Maine law, the crime of embezzlement is called theft by deception (Title 17A section 354). The element of deception differentiates this offense from other theft offenses.
A person is guilty of theft by deception if they:
“obtain or exercise control over property of another as a result of deception and with intent to deprive the other person of the property.”
In many cases, embezzlement cases involve the breach of fiduciary duty by a person with a special relationship with an institution, such as an employee who must handle client funds. This relationship of trust provides the opportunity for the misappropriation of money or other valuable items belonging to the organization—but embezzlement can also be committed against an individual.
The “deception” element of embezzlement may result from submitting fake or inflated invoices to an organization, operating a Ponzi scheme designed to defraud investors, or deceiving an elderly person and gaining access to savings accounts, among other things.
How do prosecutors prove embezzlement in Maine?
Prosecutors must prove four factors to successfully prosecute embezzlement charges in Maine:
- Fiduciary relationship: the victim must rely on the accused to manage funds or property, e.g., an employer-employee relationship, a financial advisor-client relationship or a caregiver-dependent relationship.
- Transfer of property: the accused must have obtained the property or funds by transferring it without authorization to themselves or a third party.
- Intentional actions: the actions of the accused must be intentional (genuine mistakes do not constitute embezzlement).
- Unauthorized use: the use of the property must be unauthorized and intended for personal gain by the accused.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
Possible defenses to embezzlement in Maine
With serious sentences handed down for theft convictions in Maine, defendants should work with an experienced defense lawyer. Potential defenses might include:
- Lack of intent: mistakes or the unintentional misappropriation of funds do not constitute theft by deception in Maine, which requires mens rea or a criminal mind (intent) for a conviction. If a defendant reasonably thought that the assets belonged to them, this may be a valid defense—but ignorance of the law is not a valid argument.
- Insufficient evidence: a large proportion of federal embezzlement cases are dropped due to the lack of evidence.
- Entrapment: because of a “set up”, the defendant was compelled to commit a crime that would otherwise not have been committed. Prosecutors often counter this defense by arguing that the embezzlement would have occurred anyway.
- Duress: this may be a viable defense if an individual reasonably believes that they could be harmed or placed in danger if they do not commit the crime.
- Incapacity: this may be valid if the defendant can prove mental incapacity during the commission of the crime, for example, due to medication (though insanity and intoxication defenses rarely work in embezzlement cases).
Your criminal defense attorney will discuss available defenses for your case as the circumstances and the evidence must be considered before a defense strategy can be devised.
Embezzlement penalties in Maine
White-collar crimes are taken very seriously in Maine—but how seriously depends on the nature of the offense and, specifically, the value of the embezzled property.
Theft by deception can be charged as either a misdemeanor or a felony. Generally speaking, if the value of property is below $1,000, the charge is a misdemeanor (Class D or E crime) and if it is above $1,000, the charge is a felony (Class B or C crime).
Here is a breakdown of the standard penalties for embezzlement in Maine:
Misdemeanor embezzlement in Maine
- Class E Crime: Embezzlement of property valued at less than $500 can result in up to six months in jail and a fine of up to $1,000.
- Class D Crime: Embezzlement of property valued between $500 and $1,000 can result in up to three years in prison and a fine of up to $2,000.
Felony embezzlement in Maine
- Class C Crime: Embezzlement of property valued at more than $1,000 but less than $10,000 can result in up to five years in prison and a fine of up to $5,000.
- Class B Crime: Embezzlement of property valued at more than $10,000 can result in up to 10 years in prison and a fine of up to $20,000.
Embezzlement convictions involving the theft of government funds or property are generally punished more harshly to protect public resources. It should also be noted that the federal government can prosecute embezzlement cases if it has jurisdiction, with potentially even more severe penalties than for state convictions
Statute of limitations for embezzlement in Maine
The statute of limitations for embezzlement in Maine is typically six years from the date of the commission of the crime. However, there are some exceptions, notably if the crime involves the embezzlement of public funds or officials—in such cases, the statute of limitations may be extended.
If the theft was not discovered immediately, a civil suit may be filed up to six years after the date of the commission of the act (otherwise, the statute of limitation is two years).
If you have been arrested for theft by deception in Maine, contact The Maine Criminal Defense Group directly online or call us at (207) 571-8146 to speak with an experienced criminal defense lawyer who can help you.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
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