The FBI coined the term “white-collar crime” in the 1930s to describe acts of non-violent theft or fraud often committed by those involved in business or government. These crimes tend to be committed for financial gain. Common examples include credit card fraud, identity theft, embezzlement, and others.
What is Embezzlement?
The New Jersey Criminal Statutes does not separate embezzlement as an offense, rather they are charged according to the general theft statutes. The U.S. Department of Justice Criminal Resource Manual defines embezzlement as an act of fraud or misappropriation of property committed by someone “whom such property has been entrusted, or into whose hands it has lawfully come.”
Elements of the Offense
The specific elements that must exist in a crime of embezzlement include:
- The perpetrator was in a position of trust, such as a fiduciary
- Access to the property was by “virtue of his or her employment”
- The property was fraudulently converted or appropriated for their use
- The act was committed intentionally
Theft by Unlawful Taking or Disposition (2C:20-3)
New Jersey's theft statutes explain that these crimes involve taking someone else's property. Property is “anything of value” regardless of whether it is movable, unmovable, tangible, or intangible.
Grading of Theft Offenses (2C:20-2)
The severity or level of an embezzlement offense is based on the value of the property associated with the theft.
Second Degree
- The total value involved in the theft exceeded $75,000
- The stolen property was acquired through means of extortion
- The stolen property was over one kilogram of a controlled substance(s)
- The property was some type of government benefit with a value exceeding $75,000
- The crime was committed by a fiduciary and the value exceeded $50,000.
Third Degree
- The value of the theft is between $50,000 and $75,000
- Involves property including a firearm, aircraft, horse, motor vehicle, or domestic animal
- The stolen item was a controlled substance in a quantity of less than one kilogram
- The property is physically taken from someone's person
- The crime is committed by a person in a position of trust (fiduciary) and the total value is under $50,000.
- The theft involved threats or intimidation that do not constitute extortion
- The stolen property was some form of public record, property intended for research, blank prescription pad, an access-control device, or ingredient for manufacturing methamphetamine
- If the stolen property is a type of government benefit with a value exceeding $50,000
Fourth Degree: The value of the property stolen ranged from $200 to $500.
Disorderly Person Offense: The value of the property was under $200 or part of an “electronic vehicle identification system.”
|
Level of Criminal Offense |
Maximum Incarceration |
Maximum Fine |
|
Second Degree |
10 years |
$150,000 |
|
Third Degree |
5 years |
$15,000 |
|
Fourth Degree |
18 months |
$10,000 |
|
Disorderly Person Offense |
6 months |
$1,000 |
Venues for Criminal Cases in Atlantic County
Atlantic County has roughly 25 Municipal Courts operated at the city or township level. Municipal Courts in New Jersey have limited jurisdiction, with responsibility for disorderly person offenses, motor vehicle, and parking violations, and local ordinance offenses. More serious criminal cases at transferred to the Superior Court at the county level.
Atlantic County Criminal Courthouse
4997 Unami Blvd.
Mays Landing, NJ 08330
609-402-0100
Defense Lawyer Represents Clients Facing Embezzlement Charges
Are you facing allegations of embezzlement or other similar fraudulent activity? Joseph D. Lento is an attorney that understands the potentially damaging consequences of being convicted. He has an excellent track record of aggressively defending clients throughout New Jersey's court system. Call the office today at (888) 535-3686 for a case evaluation.
