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Archive for the ‘Embezzelment’ Category

Embezzlement in Illinois: The Need to Know Basics

September 20th, 2017 at 8:48 am

embezzlement, Illinois embezzlement cases, Rolling Meadows white collar criminal lawyer, penalties for embezzlement, theftEmbezzlement is a type of theft that occurs when a person who has been entrusted with another’s property fraudulently keeps that property for his or her own personal gain or illegally transfers it to a third party. Embezzlement most frequently occurs when money is entrusted to the care of someone who then misappropriates that money in some way.

Examples of Embezzlement

While embezzlement can occur in countless ways, common examples of embezzlement include the following:

  • A waitress who pockets cash from a patron’s bill and enters a lesser amount into the cash register so that the till still balances at the end of her shift;
  • A payroll department manager of a large company who adds his family members who do not work for the company to the payroll in order to collect checks that they have not earned; or
  • The person in charge of counting a church’s weekly offerings who pockets $20 in cash from the collection each week.

Penalties

The penalties for embezzlement in Illinois vary depending on the value of what was stolen in accordance with code section 720 ILCS 5/16-1(b) of the Illinois Compiled Statutes. While those convicted of embezzlement can be forced to pay restitution and substantial fines, they can also be sentenced to serve significant time in prison. For example, consider the following prison sentences that can be handed down in Illinois embezzlement cases:

  • Theft not exceeding $500: Class A misdemeanor that is punishable by up to one year in jail. However, if the crime was committed in a place of worship or a school, or if the theft was of government property, then the crime is a Class 4 felony (punishable by up to three years in prison). Additionally, if the offender was previously convicted of another theft crime (for example, armed robbery, forgery, residential burglary etc.) then his or her embezzlement crime may also qualify as a Class 4 felony (punishable by up to three years in prison).
  • Theft of $500 to $10,000: Class 3 felony that is punishable by up to five years in prison. However, if the crime was committed in a place of worship or a school, or if the theft was of government property, then the crime is a Class 2 felony (punishable by up to seven years in prison).
  • Theft of $10,000 to $100,000: Class 2 felony that is punishable by up to seven years in prison. However, if the crime was committed in a place of worship or a school, or if the theft was of government property, then the crime is a Class 1 felony (punishable by up to 15 years in prison).
  • Theft of $500,000 to $1,000,000: Class 1 non-probationable felony that is punishable by up to 15 years in prison.
  • Theft exceeding $1,000,000: Class X felony that is punishable by up to 30 years in prison.

Consult With a Local White Collar Criminal Lawyer

As you can see, embezzlement is a serious crime that carries steep penalties in Illinois. Therefore, anyone who has been charged with embezzlement is strongly encouraged to retain an experienced Rolling Meadows white collar criminal lawyer to defend his or her interests. At The Law Offices of Christopher M. Cosley our criminal defense team has extensive experience defending clients accused of white collar crimes and is intimately familiar was the unique complexities that white collar cases pose.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1

White collar crimes

May 16th, 2013 at 8:37 am

Lucy 5-8White collar crimes are not specifically defined, however, they are most often considered to be a variety of nonviolent crimes that are based around dishonesty and/or cheating. Usually, these crimes are committed by entrepreneurs and other professionals in the business area that are under the cover of a legitimate business activity. White collar crimes also typically have a lesser punishment than other crimes because they are nonviolent. Although these crimes do not have severe punishments, they do usually involve very heavy fines, and can include jail time. There are very specific laws that prohibit white collar crime activities, but many of them are covered in less specific catch-all laws that prohibit dishonest behavior.

Embezzlement

If someone take another’s money or property by ways of an official job position of trust or through abuse, they have committed embezzlement. For example, an accountant with access to all personal financial information may falsify records to gain a profit from his or her client(s). Bank tellers, as well, have easy access to finances and may walk away each day with a small amount of money from a client instead of placing it in the client’s account as he or she should.

False Statements

Although the crime that is making a false statement is not only a white collar crime, it is also included within white collar crimes along with other types of crimes. This is one of many more broad laws that will catch white collar criminals in their wrong doings and allow for punishment. In order to convict someone of making a false statement, proof is required of the statement that contains false information and that statement must be made willingly and knowingly by the speaker.

If you have been accused of a white collar crime, contact a criminal attorney for assistance. Attorney Chris Cosley will help to fight for alleged white collar criminals in Rolling Meadows, Ill. today.

 

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Former Bank Account Accused of Embezzling Almost $280,000

June 17th, 2012 at 2:08 pm

Shaun Horan, 31, of Aurora, worked as an accountant at Resource One Bank in Oak Brook from 2007 to 2011. He was recently charged with embezzling almost $300,000 from his former employer.  Authorities allege that Horan wrote himself unauthorized checks totaling $286,237.23 from the company account, and in an attempt to conceal the thefts, either deleted or changed entries in the company’s books.

A co-worker discovered the missing money in December while reviewing bank records. A follow up internal audit by the bank confirmed the amount of the money that had been stolen. According to prosecutors, by then, Horan had already spent some of the money on a down payment for a house and a new car.

The Daily Herald reports that Horan is married with two children and has been working for a Chicago-based staffing service for about the past three months. He was charged with one count of theft over $100,000 and faces up to 15 years in prison if convicted. His bail was set at $250,000.

State’s Attorney Robert Berlin said in a statement, “White collar crimes, such as what is alleged in this case, can not only pose a great hardship to the victim, but can have an enormous impact on society as well. When a company is defrauded, it must make up for its losses by raising costs, which ultimately means higher prices for consumers.”

Berlinalso added, “Additionally, this can also result in less pay for employees and even job losses. The effect can continue to ripple when it comes to those employees who now find themselves unable to pay off loans, and credit becomes harder to obtain.”

If you are accused of committing a white collar crime, or any other crime, you need to retain the services of an experienced Elk Grove criminal defense attorney to ensure your rights are protected.

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