In Illinois, you can face some stiff charges if accused of embezzlement. One of the most common forms of white-collar crime, embezzlement often makes headlines when it happens.

A great example is the recent indictment of several defendants who are alleged to have participated in embezzlement at a Chicago bank. These defendants, one of whom was the bank’s former Vice President, were accused of embezzling over $23 million. While an indictment is not a guilty verdict, it does point to some serious crimes that may have been perpetrated.

What is embezzlement, and what happens if you’re charged and found guilty in Illinois? Read on to find out.

White-Collar Crime: What Is It?

The FBI defines white-collar crime as crime committed for financial gain. Common elements are violation of trust, deceit, or concealment. White collar criminals are generally motivated by the desire to gain or retain money, services, or property. Likewise, the motive could be securing an unethical upper hand in business or personal matters.

Some of the most common white-collar crimes include fraud, money laundering – and embezzlement.

What Is Embezzlement?

Illinois law defines embezzlement as a type of property theft. It can be charged as a state or federal crime, but it depends on the facts of the case.

The state charges embezzlement under theft statutes. It’s committed when a person exerts or obtains authority over property that is not authorized, and they intend to permanently deprive the owner of the benefit or use of that property. Embezzlement often occurs in concealed deception.

What makes embezzlement different from theft is access to the property. In embezzlement cases, defendants do have legal access to the property, but they do not own it. Instead, they fraudulently appropriate property with which they’ve been entrusted.

It’s a very serious charge. When confronted with embezzlement charges, it’s in your best interest to secure a lawyer as quickly as possible.

The Penalties for Embezzlement in Illinois

The penalties in Illinois are based on the value of the property that was embezzled. It should be noted that penalties are enhanced if the embezzlement involved a place of worship, school, or government property.

Value Less Than $500

This is a Class A misdemeanor, punishable by up to 12 months in prison and fines of $2,500.

Between $500 and $1000

A Class 3 felony, the punishment for this level risks five years behind bars and fines in the amount of $25,000.

$10,000 to $100,000

A Class 2 felony, this is punishable by up to seven years in prison and fines for $25,000.

$100,000 to $500,000

As a Class 1 felony, anyone convicted for this level of embezzlement can be sentenced to 15 years behind bars and fined $25,000.

$500,000 to $1 Million

A Class 1 felony that isn’t eligible for probation, you can face up to 15 years in prison and be responsible for fines as high as $25,000.

More Than $1 Million

This is a Class X felony, which is grave in Illinois. You may be sentenced to 30 years in prison and be required to pay fines of $25,000.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Embezzlement is a form of white collar crime which may be punishable by lengthy prison sentences, exorbitant fines, and restitution. Despite these serious criminal consequences, embezzlement is sadly fairly common here in Illinois.

Take, for example, the former mayor of Posen. He was recently indicted on embezzlement charges for stealing money from the city’s checking account during his final two years in office, from 2015 to 2016. The indictment does not report how much the former mayor allegedly stole, and the case is ongoing.

Or, perhaps, the clerical worker at Illinois State University who was recently accused of embezzling over $160,000 from the University over the period of several years. She is currently awaiting trial, and could face 6-30 years in prison if convicted.

As you can see, embezzlement is a white collar crime that is taken quite seriously by our state. Let’s take a look at the laws surrounding embezzlement, as well as the sentencing and penalties you could face if convicted.

How Illinois Law Defines Embezzlement

The offense of embezzlement takes place when someone who was entrusted to manage the money or property of another person or entity steals all or part of the money or property entrusted to them for personal gain.

Illinois law defines embezzlement as when the following occurs:

• The defendant has a fiduciary relationship with the victim;
• The defendant acquires property through this relationship;
• The defendant takes ownership of the property or transfers the property to a third party for his or her own personal gain;
• The defendant’s actions are intentional, and are not accidental.

Illinois Embezzlement Sentencing and Penalties

Like most theft crimes, embezzlement is punished related to the amount of money or property allegedly embezzled. Embezzling from certain victims (for example, a school or place of worship) results in enhanced sentencing and penalties.

If convicted of embezzlement in Illinois, you can expect the following consequences:

• Under $500 and not from a person: Class A Misdemeanor punishable by less than one year in prison and fines up to $2,500. If the victim was a school or place of worship or government property was embezzled, this becomes a Class 4 Felony punishable by 1-3 years in prison and fines up to $25,000.
• Under $500 from a person or $500-$1000: This is a Class 3 Felony punishable by 2-5 years in prison and fines up to $25,000. If the victim was a school or place of worship or government property was embezzled, this becomes a Class 2 Felony punishable by 3-7 years in prison and fines up to $25,000.
• $10,000-$100,000: This is a Class 2 Felony punishable as is described above. If the victim was a school or place of worship or government property was embezzled, this becomes a Class 1 Felony punishable by 4-15 years in prison and fines up to $25,000.
• $100,000-$500,000: This is a Class 1 Felony punishable as is described above. If the victim was a school or place of worship or government property was embezzled, this becomes a Class X Felony punishable by 6-30 years in prison and fines up to $25,000.
• $500,000-$1 Million: This is a Class 1 Non-probational Felony punishable as is described above. This offense is not eligible for probation, meaning that the defendant will serve the entire prison term.
• Over $1 Million: This is a Class X Felony punishable as is described above.
• Theft of at least $5,000 from a victim over 60: This is a Class 2 Felony punishable as is described above.

The severity of penalties is why it’s so important to be aware of the laws surrounding embezzlement, and to proactively fight back to give yourself the best chance at beating your charges.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.