Penalties under the Montana Embezzlement Law
Montana embezzlement law defines embezzlement as the theft of money or property by a person holding a responsible position. When a person in charge of holding a fund or any other type of property uses it for personal gain, it is termed an embezzlement crime. The penalties for committing this crime can range from simple to harsh punishment depending on the severity of the crime. This crime is different from the crime of theft.
Embezzlement Definition Law
When a person with legal authority to keep a fund or property of another person, company or entity misappropriates it for personal benefits, it becomes an embezzlement crime. There is a difference between embezzlement and theft. Theft is committed when the accused did not have any responsibility for the stolen money or property.
Examples of Embezzlement in Montana
Embezzlement cases are registered under the embezzlement law Montana in various situations. This type of crime is often reported in the banking sector. Bank officials are trusted to keep the funds of their customers in their safe custody. When any authorized person of the bank misappropriates the fund stored with the bank, it is termed as an embezzlement crime.
This crime is seen in many companies and institutions that operate like a bank. People, groups, professionals, organizations and other entities involved in raising funds are prosecuted under the Montana embezzlement laws when they do not use the funds collected from other people as promised. Usually, this crime is committed by a person like a staff who has authority in the organization to access the funds of customers or donors.
Punishment for Embezzlement in Montana
The penalties for this crime depend on the monetary value of the asset which was misappropriated by the convicted person. Individuals convicted of a higher amount of embezzlement are slapped with harsher penalties. Individuals convicted of embezzling lower amounts face a lower level of penalties. The penalties can include not only a fine but also the prison term and a restitution amount.
- Individuals charged with embezzling $1500 or less value of a property, but no prior conviction, have to pay the fine of $1500 or less. The penalties can include 6 months of jail term. Individuals with any prior conviction have to pay the fine as well as serve a minimum of 30 days of jail term.
- Harsher punishment applies under the embezzlement law for misappropriating assets valued at $1500-10,000. The fine in such cases can go up to $50,000. The penalties can also include a prison term that can range from a few months to 10 years. It is possible though that the convicted person is fined only or given the jail term only.
- For assets valued higher than $10,000, a minimum of 1 year of prison term is given. This term can extend up to 10 years. The fine can grow up to $50,000. The convicted person faces the prospects of both probation and restitution charges.
Statute of Limitation
All embezzlement cases have a statute of limitations. It is the duration of time from the date of crime to the time up to which the charges can be brought against the defendant. Under the Montana embezzlement law, this term can range between 1 and 5 years based on several factors related to the case. It must be proved that the embezzlement happened within this specified duration of time. Only then the criminal charges can be brought against the accused person. At the same time, the statute of limitations term is longer if it is considered a felony crime.
Embezzlement laws Montana State properly define the embezzlement crime and clearly specify the penalties that can include both fines and jail term. A person may be accused of multiple crimes including the embezzlement crime depending on what types of crimes were committed. Embezzlement may be a part of a series of crimes. Embezzlement charges are often brought by the employer against their current or former employees.