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.

If you have been arrested for a white collar crime in Illinois, you might be feeling a lot of different emotions. Though white collar crimes aren’t violent in nature, the law takes these offenses very seriously. Offenders often face heavy fines and years behind bars for what may have started as a little white lie – or even an accounting mistake.

You may feel the urge to take drastic action to save your skin. You may just want to go about your normal life.

However, during this time, you have to be very cautious of what you do and say. A simple conversation can come back to bite you in court (and be the key to throwing you in jail).

Don’t make these mistakes when you are being investigated for a white collar crime:

Talking About the Case

The only person you should talk to about your case is your Chicago defense attorney. Period. Don’t talk to your friends, colleagues, neighbors, pet sitters, teammates, favorite store clerk – no one but your lawyer.

Remember, anything you say can and will be used against you. If somehow word spreads or someone eavesdrops on your conversation, you could hear your words repeated back to you in court.

Shredding the Evidence

As you’re walking around your office or your house, you might see some incriminating memos. Prosecutors could get a lot of use out of this evidence, and it would be convenient if it just… disappeared…

Don’t think that you can shred or alter evidence without consequences. Prosecutors know what they are doing, and they will find the documents in question (or at least evidence that they existed, which can potentially be even more incriminating). If you are worried about a piece of evidence, take it to your lawyer.

Hiding Things from Your Illinois Criminal Attorney

Your defense lawyer needs to see all the evidence so they know how to fight it. Show your lawyer the good, the bad, and the ugly. Don’t think you can hide anything from them. Everything will come out.

The worst place for your lawyer to discover incriminating information is the courtroom.

Don’t let the prosecutors pull the carpet out from underneath your attorney. Tell them everything they need to know ahead of time. Your lawyer has a duty to keep the information you tell them confidential, so there should be nothing stopping you from laying out the whole truth.

Agreeing to a Plea Deal Without Consulting Your Lawyer

A majority of cases end with a plea negotiation. Prosecutors offer the defendant a reduced sentence in exchange for a guilty plea. Three years for a white collar crime doesn’t seem too bad when you’re facing a 20-year sentence. Despite this, don’t hop onto a plea deal without talking to your lawyer first.

Remember, you are innocent until proven guilty. You have the chance to fight white collar crime charges and walk away from court without a conviction. Even if your lawyer does not think you have enough evidence to walk free, he or she will likely be able to get you a better deal than you are able to secure on your own.

Consenting to Unlawful Search and Seizure

Defendants are not the only people who make errors. Law enforcement can also make the mistake of searching for evidence without a warrant. This is one of the reasons why defendants should consider taking their case to court. If you do not consent to a search and seizure and law enforcement officials do have a warrant to conduct the search, then they cannot gather the evidence they need to arrest or incriminate you.

How do you know when law enforcement officials can and can’t search your person or property? Reach out to your lawyer. They will help you every step of the way and can give more information on how to behave during the investigation.

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.