What is the Punishment for Embezzlement?

In New York, embezzlement is primarily governed by Penal Law§155.00 et seq., categorized as "Larceny." The statute defines this specific type of larceny as when one, "having been entrusted with another’s property, withholds, converts, or disposes of it contrary to the owner's rights." Prosecutors must prove beyond a reasonable doubt that the accused acted with a specific intent to defraud the owner and permanently deprive them of the property.

To prove criminal embezzlement under New York law, prosecutors must successfully demonstrate several key elements:

• Property Ownership: The property in question must have belonged to someone other than the defendant.
• Lawful Possession: The defendant must have had lawful possession, custody, or control of the property based on trust (e.g., an employer-employee relationship, fiduciary duty, or bailment).
• Unauthorized Appropriation: The defendant knowingly appropriated the property for personal use or a purpose not authorized by the owner, without their consent.
• Intent to Deprive: The defendant had a clear intent to permanently deprive the owner of the property or to convert it to his or her own use.

For example, if an employee entrusted with company funds intentionally diverts a significant portion of those funds into their own private bank account for a personal, unauthorized use, the crime may constitute felony larceny based on embezzlement. This breach of trust and the unauthorized, self-serving conversion are central to establishing the criminal act.

Furthermore, if the embezzlement occurred "in the course of business" or targeted multiple victims through a series of actions, the defendant may also face charges under "scheme to defraud" laws (Penal Law § 190.60), which can increase the severity of the overall punishment for embezzlement. Sentencing ranges are strictly structured based on these monetary thresholds and the classification of the resulting felony.

The time limit for prosecutors to bring charges for embezzlement depends on the crime's classification:

• Misdemeanor Embezzlement: 2 years from the date of the crime.
• Felony Embezzlement (e.g., Grand Larceny): 5 years from the date of the crime.

However, if the embezzlement was part of an ongoing fiduciary duty (e7.g., a trustee, corporate officer, or power of attorney), the statute of limitations clock may be paused or “tolled” until the underlying breach of trust is discovered by the victim or their representatives. This exception recognizes the difficulty of detecting crimes hidden within complex financial relationships.

In People v. Garson, the defendant used funds that had been explicitly earmarked for a specific corporate purpose for another purpose, even though that new use eventually benefited the principal company. The court ultimately held that criminal embezzlement still occurred because the key issue is that the initial use deviated from the agreed-upon instructions, demonstrating unauthorized conversion. New York courts consistently emphasize the unauthorized nature of the property use, not whether the outcome was ultimately beneficial or neutral.

In People v. Soto, a contractor held onto a customer’s deposit and explicitly refused to return it after the contract was justifiably cancelled by the customer. The court ruled that mere refusal to return property alone is not sufficient to establish the crime of embezzlement. Prosecutors must instead actively prove a clear intent to permanently deprive the owner of the property and show conduct that overtly evidences a criminal conversion beyond a simple contractual disagreement. This elevated standard protects defendants from criminal liability where the dispute is primarily civil in nature (e.g., a breach of contract claim), unless a clear and provable criminal intent to steal the property is shown.

Engaging an experienced criminal defense attorney as early as possible can be crucial in protecting your rights and significantly mitigating the potential punishment for embezzlement:

• Defense Strategy: Counsel can evaluate the evidence to determine whether the alleged conduct legally met the high criminal thresholds required for larceny.
• Negotiation: Attorneys can negotiate directly with prosecutors for a reduction of the charges (e.g., from a felony to a misdemeanor) or a complete dismissal of the case if the evidence is weak.
• Remorse and Restitution: They guide the defendant through early voluntary restitution to the victim, which is often viewed by courts as a powerful mitigating factor demonstrating sincere remorse.
• Defense Preparation: Counsel can prepare strategic defenses, such as arguing a lack of criminal intent, proving the matter is a simple civil dispute, or demonstrating that accounting errors caused the discrepancy rather than criminal conversion.

Being proactive by consulting an attorney with expertise in white-collar crime and embezzlement laws can protect you from exaggerated allegations and significantly improve your chance of resolving the case with a favorable outcome before formal criminal charges are even filed.