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Michigan Embezzlement and Fraud Crimes
In Michigan, embezzlement and fraud are considered serious offenses that can result in long lasting legal consequences. These charges are often quite complex, involving a number of different parties and levels of authority. Many find themselves unnecessarily entangled in embezzlement cases, or with unfair or exaggerated accusations that lead to charges being filed. This can have lifelong consequences, including long jail sentences and prison time.
Because of the gravity of embezzlement and fraud cases, seeking legal counsel is critical for ensuring the best possible outcome. An experienced criminal defense attorney will be able to look at the facts surrounding the case and work to create the best defense strategy possible. The white collar defense attorneys at George Law have decades of combined experience helping clients successfully fight theft crime and embezzlement charges and win. If you are facing fraud or embezzlement charges in Michigan, contact us today to secure your legal future.
Charges for Fraud and Embezzlement
Charges for fraud and embezzlement vary considerably depending on the circumstances surrounding the case. These charges can arise from accusations of things such as computer fraud, theft, credit card fraud, the transferring of money or converting accounts, writing bad checks, forgery, money laundering operations, tax evasion and tax fraud, counterfeiting, insider trading, and much more. Oftentimes, multiple charges occur at the same time, creating an exceptionally complicated situation to navigate through.
Fraud Punishments
Specifically covered under MCL 750.218, there are multiple levels of punishment for those convicted of fraud. Below are the different levels of fraud charges in Michigan.
Misdemeanor Fraud
- The first level of misdemeanor fraud falls under subsection (2) and occurs when the amount is valued under $200. The punishment includes jail time for up to 93 days and a fine of up to $500 or three times the value of the amount in question, whichever is greater.
- The second level of misdemeanor fraud falls under subsection (3) and comes into play when the amount is at or above $200, but under $1,000. It is also applicable for amounts below $200 if the accused has prior fraud convictions. In this case, the punishment includes imprisonment for up to a year and a fine of up to $2,000 or three times the value in question, whichever is greater.
Felony Fraud
- The first of felony fraud charges fall under subsection (4) and begin then the amount is valued at or above $1,000 but under $20,000. It is also applicable for amounts at or above $200 but under $1,000 if the accused has prior fraud convictions. The punishment for this includes a prison sentence of up to five years and a fine of up to $10,000 or three times the amount in question, whichever is greater.
- The second tier of felony fraud falls under subsection (5) and occurs when the amount is valued at $20,000 or above but not more than $50,000. It is also applicable for amounts at or above $1,000 but under $20,000 if the accused has two or more prior convictions. The punishment for this includes a prison sentence of up to fifteen years and a fine of up to $15,000 or three times the amount in question whichever is higher.
- The third level of felony fraud falls under subsection (6) and occurs when the amount is valued at or above $50,000 but below $100,000. It is also applicable for amounts at or above $20,000 but under $20,000 if the accused has two or more prior offenses. The punishment for this includes a prison sentence of up to fifteen years and a fine of up to $25,000 or three times the value in question, whichever is higher.
- The highest level of felony fraud falls under subsection (7) and occurs when the amount is valued at or above $100,000. It is also applicable for amounts between $50,000 and $100,000 if the accused has two or more prior offenses. The punishment for this includes a prison sentence of up to twenty years and a fine of up to $35,000 or three times the value, whichever is higher.
Embezzlement Punishment
Punishments for embezzlement vary depending on the amount embezzled as well as other factors such as any previous embezzlement convictions an individual may have on their record. Specifically covered under MCL 750.174, the punishments for embezzlement in Michigan are listed below.
Misdemeanor Embezzlement
- The first level of misdemeanor embezzlement falls under subsection (2) and occurs when the amount is valued below $200. This is punishable by up to 93 days in jail and a fine of up to $500 or three times the value in question, whichever is larger.
- The second level of misdemeanor embezzlement falls under subsection (3) and occurs when the amount is valued at or above $200 but below $1,000. It is also applicable for amounts under $1,000, such as when the accused has previous convictions and/or if the victim is a non-profit or charitable organization. The punishment for this is imprisonment for up to one year and a fine of up to $2,000 or three times the value in question, whichever is larger.
Felony Embezzlement
- The first level of felony embezzlement falls under subsection (4) and occurs when the amount is valued at $1,000 or more but less than $20,000. It is also applicable for amounts over $200 but under $1,000, such as when the accused has previous embezzlement convictions and/or if the victim is a non-profit or charitable organization. The punishment for this includes prison time of up to five years and a fine of up to $10,000 or three times the value in question, whichever is greater.
- The second level of felony embezzlement falls under the subsection (5) and occurs when the value in question is $20,000 or more but under $50,000. It is also applicable for amounts over $1,000 but under $20,000, such as when the individual has two or more prior convictions and/or the victim is a non-profit or charitable organization. The punishment for this level includes up to ten years in prison and a fine of up to $15,000 or three times the value in question, whichever is greater.
- The third level of felony embezzlement falls under subsection (6) and is applicable when the value in question is $50,000 or more but under $100,000. The punishment for this includes a prison sentence of up to fifteen years and a fine of up to $25,000 or three times the value in question, whichever is greater.
- The fourth and final level of felony embezzlement falls under subsection (7) and is applicable when the value in question is $100,000 or more. The punishment for this includes a prison sentence of up to twenty years, and a fine of up to $50,000 or three times the value in question, whichever is larger.
Criminal Defense Practice Areas
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- Carrying A Firearm Or Weapon With Unlawful Intent – MCL 750.226
- Possession Of A Firearm By A Felon In Michigan – MCL Section 750.224f
- Carrying Certain Concealed Weapons In Michigan – MCL Section 750.227
- Possession Of A Firearm During A Felony – MCL 750.227b
- Pointing Or Aiming A Firearm At Another Person – MCL 750.233
- Unlawful Firearm Transportation – MCL Section 750.227d
- Discharging A Firearm Without Malice – MCL Section 750.234
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