Embezzlement Law Indiana
According to Indiana Embezzlement Laws, embezzlement takes place when a person “cooks the books”. For example, a person adds money to his/her bank account on payday and covers it up. Also, most of the American states, the embezzlement law is similar to theft or robbery laws.
The added fact to note here is that the embezzler should have enjoyed a position when he/she was given responsibility for the money that he/she took. However, what makes the Embezzlement law Indiana even more unique in nature is that the judiciary charges embezzlement similar to the way theft is treated. As such, there is no distinction between a person who shoplifts an item worth 100 USD and a person who embezzles 100 USD from his/her employer.
Indiana Embezzlement Definition Law
It is an act when an individual intentionally or knowingly exerts unofficial control over another individual’s property having the intention to dispossess the other individual of a part of its use or value. Similar to many other states in the United States, the state of Indiana ascertain how severe the charge is, as well as, the associated penalty based on the value of the asset that was stripped.
Also, when the defendant has a past criminal history, the courts will also consider it while giving their judgment. Last, but not least, Indiana features another unique provision that is to criminalize embezzlement from a decedent’s estate. In such cases, it is imperative for the defendant to repay the amount they embezzled. Else, they have to serve a prison term for the offense. There is specifically a statute, which mentions that any person who uses someone else’ property when that person has died for their personal uses without getting a node from the decedent’s personal representative, he/she is considered to be involved in an act of embezzlement in Indiana.
The state has an embezzlement law wherein embezzling from an estate can result in a civil liability, which is equal to the value of the money that was taken. When the defendant ignores requests for repayment or is not willing to repay even after the court ordered to this effect, the accused can be imprisoned while the jail term is at the discretion of the Indiana courts.
Punishment for embezzlement in Indiana
A person who knowingly or purposely tries to dispossess the property of someone else without the latter’s authorization is considered to have committed a theft. Plus, the associated punishment and the level of that theft are ascertained on the basis of the property valuation. Hence:
- In case the value of the property embezzled was in the range of 750 USD and 50,000 USD, or when the accused was also convicted in the past, essentially for theft, the offense is considered a felony of type Level 6. The offense can be penalized with a maximum fine of 10,000 USD and/or a prison term in the range of 6 months and 2.5 years.
- In case the property’s value was more than 50,000 USD, the offense is categorized as a felony of Level 5. The penalty can be a maximum fine of 10,000 and/or a prison term between 12 months and 6 years.
Proper procedure should be adhered to ascertain the actual value of the property as it is the property valuation, which can ascertain the type of felony offense the accused will be charged with.
Defenses for embezzlement in Indiana
Similar to all other states in America, the onus is on the prosecution for establishing that the accused is guilty. Thus, a defense lawyer will typically try to show that the embezzlement lawsuits are based on inadequate proof or improperly followed procedures. The defense can also say that the accused sincerely believed that he/she acted under duress or had the authority of using the property.