Embezzlement Law Kentucky
Embezzlement is a criminal offense, which is familiar to a majority of people.is familiar with. However, very few people can define the offense correctly. It is usually referred to as the involvement of a hefty amount of money, as well as, high-profile executives in the corporate world. While embezzlement does include all these things, it can be also a charged slapped against “ordinary” people. Embezzlement law can be found in many American states to minimize or prevent crime.
The temptation to “cook the book” is very high especially when a person is entrusted with the responsibility of handling a huge amount of money or costly items. Even people who have good intentions may be convicted leaving a criminal record for their entire life professionally, as well as, personally.
Scenarios in which embezzlement charge can occur
Check out some of the scenarios according to Kentucky embezzlement laws wherein embezzlement charged can be slapped against an offender:
- If the Chief Executive Officer of an organization, for instance, gives exclusive access to account numbers, as well as, other authorizations to a person, a breach of trust has the potential to lead to more severe consequences as compared to an office clerk who steals a petty cash of 20 USD after finding that the box was unlocked.
- A company’s treasurer finds himself/herself in a temporary financial crisis and decides to steal some money from the company account.
- Valet at the airport permits his/her friend to use a car put in their care for enjoying a car.
- An elderly patient gives some money to his home healthcare attendant to deposit in the bank. However, his healthcare worker uses that money instead and is under the belief that the patient will not miss it.
However, it should be noted that simply working for a person does not necessarily qualify a theft to be regarded as embezzlement. Embezzlement law Kentucky requires the prosecution to establish that the property owner should have entrusted the accused with it and the person used it for his/her personal gain. When the property or money was taken for attempting to benefit the property owner somehow, it is not regarded as embezzlement but misconduct.
Punishment for embezzlement in Kentucky
According to the state’s embezzlement definition law, the usual punishments for embezzlement are similar to larceny or theft. However, the penalties also depend on the property’s valuation. Irrespective of whether a person is facing a felony or misdemeanor charge will depend on several factors and may be interlaced with charges such as larceny, forgery, fraud, theft, credit card fraud, bad checks, or identity theft.
When a person is being prosecuted in federal court on a charge that occurred across state lines, it can further impact the consequences. Several embezzlement charges in the state of Kentucky fall within the category of “theft by deception” that is considered to be a Class A misdemeanor when the value of the property is below 500 USD. The offense is treated as a Class D felony when the value of the property is between 500 USD and 10,000 USD. On the other hand, the charge is regarded as a Class C felony when the amount is more than 10,000 USD.
- When the defense counsel can prove that it was a simple error. The accused did not have the intention to take the property in question.
- A friend or an ex-employer was in pursuit of earning an easy buck and held a grudge. Also, the charge did not have any basis in truth.
- The accused had a good reason for using or taking the property and acted in good faith.