Offenses referred to as “white-collar” crimes are not legally categorized by the Bureau of Justice Statistics. A study submitted to the U.S. Department of Justice in 2015 defined these types of criminal activity as offenses or a sequence of offenses characterized as “concealment or guile to obtain money or property” or to gain some individual or business benefit. One example of a white-collar offense is embezzlement.
Embezzlement is generally classified as a form of property theft. The property involved may be monies, personal objects, intangible property such as copyrights or patents, etc. New Jersey law defines acts of theft as being those that deprive the victim of something having value. Acts that deprive may involve withholding or disposal of property temporarily or permanently.
Critical Elements of Embezzlement Offenses
The perpetrator is an individual acting in a fiduciary role or other entrusted position associated with employment. Common terms that are synonymous with fiduciary include administrator, executor, trustee, and more. Embezzlement is committed intentionally by misappropriating or otherwise obtaining property for one's use.
Differentiating Embezzlement and Larceny
Both embezzlement and larceny are thefts that deprive someone of their property; however, embezzlement is committed by a perpetrator that lawfully had access, control, or possession. Crimes of larceny involve property that was never under the control of the perpetrator.
New Jersey Theft Offenses
The statutes in New Jersey do not contain a specific embezzlement offense. The offenses are deemed as being theft, with the severity of the offense based on the value or type of property involved and relationship with the victim. Second-degree charges apply to crimes generally involving more than $75,000; however, the amount is reduced to $50,000 when a fiduciary relationship exists. Acts of theft that involve extortion or more than one kilogram of a controlled substance are also charged as second-degree offenses.
Third-degree charges generally apply to crimes involving between $500 and $75,000 and those under $50,000 when a fiduciary relationship exists. Other third-degree offenses are those involving a firearm, vehicle, animal, controlled substance in a quantity of less than one kilogram, and others. Theft offenses involving property ranging in value between $200 and $500 are charged as fourth-degree offenses. Offenses involving property valued at less than $200 are disorderly person offenses.
|
Level of Criminal Offense |
Maximum Incarceration |
Maximum Fine |
|
Second Degree |
10 years |
Up to $150,000 |
|
Third Degree |
5 years |
Up to $15,000 |
|
Fourth Degree |
18 months |
Up to $10,000 |
|
Disorderly Person Offense |
6 months |
Up to $1,000 |
Venues for Criminal Cases in Cumberland County
Cumberland has roughly 13 Municipal Courts operated at the city or township level. Municipal Courts in New Jersey have limited jurisdiction, handling only 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.
Cumberland County Courthouse
60 W. Broad Street
Bridgeton, NJ 08302
856-878-5050
Defense Attorney in New Jersey for Embezzlement Charges
Legislators have continued to stiffen the various penalties imposed for theft offenses such as embezzlement. Joseph D. Lento has been effectively defending his clients in these matters for many years. For a case evaluation, contact the office at (888) 535-3686 today.
