3 Key Things you Should Know About Embezzlement Cases in Michigan

By Jeffrey Randa

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Criminal Cases , Embezzlement

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Published on Sep 23, 2022

What Is Embezzlement?

Embezzlement is a kind of larceny charge, although often referred to as a “white collar crime.” This type of theft is a far more common criminal offense than most people realize. Few such cases ever get any attention.

However, a recent BIG embezzlement case in Detroit made BIG news:

Former Detroit Riverfront Conservancy CFO federally charged, accused of stealing millions

Feds: Embezzled millions funded ousted Detroit Riverfront Conservancy CFO’s lavish lifestyle

It’s highly unlikely the reader is facing anything like charge involving more than 40 million dollars of stolen money. However, our office routinely handles embezzlement cases for amounts involving less than $1000, those involving more than $1 million dollars, and every amount in-between.

It’s Normal To Be Afraid

Embezzlement charges are scary. Loads of our clients have related how they felt when first contacted by their former employers or the police about missing money, or missing property.

They all describe feeling a “pit” in their stomachs, because they knew what was coming. Our firm handles a LOT of embezzlement cases. We know how they work, and how to best resolve them. In this article, we’ll go over some of the more important points of these theft crime cases.

State Or Federal?

Most embezzlement charges are brought as local or state cases.

Sometimes, however, these matters are brought as federal charges. When that happens, the federal government will almost always rely on what is known as the “bread and butter” of all federal crimes, wire fraud.

Any use of interstate communications as part of the embezzlement (like using an employer’s credit card or purchasing something from another state) is sufficient to satisfy the elements of a federal wire fraud charge.

That said, and as noted above, most embezzlement cases are brought by local or state law enforcement.

Types of Embezzlement Charges in Michigan

Under Michigan’s embezzlement law, there are 6 degrees, or “types” of charges. In order of seriousness, 2 of them are misdemeanors, and 4 are felony charges. Here are the 6 kinds of embezzlement charges in order of severity:

1. Less than $200 is a misdemeanor punishable by up to 93 days in jail.
2. $200 or more, but less than $1000 is a misdemeanor punishable by up to 1 year in jail.
3. $1000 or more, but less than $20,000, is a felony punishable by up to 5 years in prison.
4. $20,000 or more, but less than $50,000, is a felony punishable by up to 10 years in prison
5. $50,000 or more, but less than $100,000, is a felony punishable by up to 15 years in prison.
6. $100,000 or more is a felony punishable by up to 20 years in prison.

Before the reader freaks out, note that these are MAXIMUM potential penalties that can be imposed. Absent a bad and long prior criminal record, and with proper legal help, most people can avoid most, if not all of that.

To put this in context, it’s like the fact that, although a first-time DUI offender can get up to 93 days in jail, almost no one is ever sentenced to any incarceration whatsoever.

Good legal help is critical, but there is something anyone even suspected of embezzlement can do for him or herself right out of the gate.

First, Stop Talking

If anyone, including the police, contacts you, just shut up and don’t say anything!

Seriously. No matter what did or did not happen, there is NOTHING a person can say that’s going to help his or her situation.

Unfortunately, people sometimes feel riddled with guilt when they get found out, and then start apologizing, or offering to make it right. This does nothing but dig them deeper into a hole.

Even if the evidence in a case is overwhelming, and the facts are beyond dispute, just don’t say anything.

This is some of the best legal advice you will ever get, and there isn’t a single, competent criminal defense attorney who will disagree with it. Admitting to anything just makes things worse, period.

The idea of remaining silent is critical here. That topic was examined in this previous article. The reader should check it out, because it’s important enough to keep repeating.

Unfortunately, lots of people wind up getting sucked into making admissions against themselves. While it may already be too late for many who are reading this to remain silent, if it isn’t, then do yourself a favor and exercise your right to say nothing.

Understand, however, that even if a person does remain silent, the evidence against him or her may be strong enough without any admissions on his or her part. In the real world, that’s were most people charged with embezzlement find themselves.

At that point, it becomes critical to have skilled legal representation by a lawyer experienced in handling embezzlement cases, and that’s exactly what our firm offers.

How To “Lawyer Up”

There are two key factors in finding the right lawyer for a Michigan embezzlement case:

1. Hiring someone who is local, and
2. Who has lots of experience successfully handling embezzlement cases.

Find a Local Lawyer

First, you need a Michigan embezzlement lawyer who is local. This doesn’t have to be some criminal defense lawyer whose office is 2 blocks away from the courthouse. It does, however, mean thinking twice before hiring an attorney from the other side of the state.

Being “local,” in the sense I’m using it here, means that a lawyer REGULARLY gets the court where your case will be decided.

For example, our firm’s criminal practice is concentrated in the Greater Detroit area. For us, that means we ONLY go to the courts in Wayne, Oakland, Macomb, and a few of the surrounding counties (like Lapeer, Livingston, St. Clair and Washtenaw).

Find an Experienced Embezzlement Lawyer

Second, you need a lawyer who is directly experienced in your kind of case.

Embezzlement charges are criminal charges. DUI and embezzlement are both criminal cases, but they are very different.

Of course, a person needs a criminal lawyer, but that term is very general.

Our firm is made up of criminal lawyers, but we are as much defined by the kinds of cases we DON’T handle every bit as much as those we do. We do not, for example, handle rape or murder charges.

By contrast, we have more than 30 years of experience handling both misdemeanor and felony embezzlement cases. We have extensive knowledge about how to properly handle charges of embezzlement to produce the best outcome possible

Anyone looking for legal representation, including those whose cases are outside of our geographic practice area, needs a Michigan criminal defense lawyer who can do just that.

The Reality In Most Cases

Everyone wants to hear that there is some way to “beat” the charge, but the simple truth is that most of the time, the evidence of embezzlement is rather strong. Law enforcement does not just go after someone just because there is a claim of missing money or property.

Our firm has handled many embezzlement cases where a full-blown forensic audit has been done to identify when, how, and how much has been taken. As we’ll see in the next section, the amount claimed by the victim isn’t always accurate, and it can be inflated.

First, we need to determine if the evidence of embezzlement is solid. If not, then we need to work out a strong defense to challenge it.

If, however, the evidence IS solid, then going to trial without a winning defense strategy to beat the charge is not the smartest move.

Instead, the best legal defense may be to work toward a plea bargain that can keep the client out of jail and/or prison and minimize what will wind up on his or her criminal record.

Specifically, that means avoiding as many of the legal penalties and negative consequences as possible from any kind of embezzlement conviction.

Usually, these kinds of plea bargains involve some kind of agreement to make repayment, whether in whole, or in part.

Sometimes, that’s not possible, like in cases involving multiple millions of dollars.

Even so, the underlying idea is that recouping some of a loss is better than having none of it paid back.

Beyond finding a good embezzlement attorney, there is yet another aspect to embezzlement cases that applies in every situation, and that’s how much you’re going to have to repay. This is extremely important.

Fight to Trim Down How Much Must Be Paid Back

If the charge against you is solid, one of the first things we must do is make sure you don’t get stuck owing a penny more than was taken. Whether an embezzlement case involves an employee taking merchandise or money, everything about it is dependent upon the total value stolen.

The employer is going to want to be repaid, whether it’s for $150 worth of merchandise, or $2,000,000 in diverted funds.

The mechanics of repayment and the time within which it must be done can get complex. However, the bottom line is that the more a person can pay back, and the sooner he or she can do it, the better.

That said, it’s highly unlikely that someone who has taken any significant amount of money for their own use has it sitting in an investment account, earning interest, and can just hand it back.

My team and I have seen employees start out their misappropriation by intending to “borrow” a few dollars, with the honest intent to repay it.

Other times, a person may only intend to do a little skimming once, or twice, but then things just happen, and the whole thing spirals into something much bigger.

Whatever the backstory, one of the prosecutor’s biggest concerns is making the victim whole and getting repaid, as much and as quickly as possible.

In embezzlement cases involving large amounts, any such repayment plan will require more years than the criminal case itself will be active. The amount owed is called “restitution,” and the final amount is ultimately determined by the court.

And that brings us to another important aspect of repayment…

Being Asked For More Than You Owe

Over the years and in our roles as Michigan embezzlement attorneys, my team and I have seen plenty of cases involving a misbehaving employer who has “overreached” on the amount taken.

This is not all that uncommon. Some employers will, to put it bluntly, inflate their losses. After all, it’s not like they have any sympathy for their former employee. A lawyer with experience in this area knows to go over all claimed losses with a fine-tooth comb.

In many cases, my team and I have managed to get restitution requests “trimmed down.” That, however, can only happen when the lawyer and the client put in the time to carefully examine everything.

The larger point is that it is never acceptable to just take the amount claimed as a loss at face value. Some employers will, quite literally, throw in the “kitchen sink” when it comes to listing what they believe was taken, or what is owed.

As the old saying goes, “it’s not the money – just the amount.”

You need to be protected from that, and if our firm is representing you, then that’s exactly what will happen.

Why Work With Jeffrey Randa and Associates

Ultimately, the goal in any criminal case is to produce the best result possible. In that regard, success in an embezzlement case is best measured by what does NOT happen to you. Our firm understands that this a key component of the attorney-client relationship.

Despite what the reader may think (or fear), keeping a client out of jail and/or avoiding a prison sentence in an embezzlement case is usually not difficult, at least for me and my team.

Once we have that wrapped up, however, our focus, as legal counsel, turns to things like protecting the client’s record, keeping it as clean as possible and making sure he or she doesn’t get stuck having to repay more than was taken.

It’s also important to keep any term of probation as short and as easy as possible.

The idea, of course, is to avoid as many of the legal penalties and negative consequences as we can. Our firm is exceptionally good at that.

Don’t Face These Charges Alone

If you’re facing an embezzlement charge and looking for a lawyer, be a wise consumer. Read around. Pay attention to how other lawyers break down these cases, and how they explain their various approaches to it. Then, start checking around.

You can learn a lot by speaking with a live person. That’s exactly what you get when you call our law office.

If your case is pending anywhere in the Greater Detroit area (meaning Wayne, Oakland, Macomb, or the surrounding counties), make sure you give our law firm a ring.

We always offer a free consultation and case evaluation that is confidential, and conveniently done over the phone right when you call.

My team and I are very friendly people who will be glad to answer your questions and explain things. We’ll also be happy to compare notes with anything some other lawyer has told you.

You can communicate with us using the contact form on this site, or, better yet, giving us a call directly.

We can be reached Monday through Friday, from 8:30 a.m. until 5:00 p.m. (EST), at 586-465-1980.