FEDERAL EMBEZZLEMENT CRIMES AND PENALTIES

Federal Embezzlement Penalties – Most are white-collar crimes that require complex investigations and analysis to get to the heart of the matter.  But not every white-collar crime is complicated, of course. Many different federal and state agencies investigate fraud and other white collar crimes. Some of the law enforcement agencies that you will see frequently are: The Attorney General, County District Attorney’s Offices, the U.S. Attorney, the FBI (Federal Bureau of Investigation), the SEC (Securities and Exchange Commission), and the United States Secret Service.

Title 18, Chapter 31 of the U.S. Code enumerates some of the federal laws which prohibit embezzlement. These laws cover a variety of prohibited conduct, including situations where a government employee or a person with access to government property takes the property for their own gain. It also includes scenarios where a person is accused of embezzling money from a company involved in interstate commerce such as embezzlement connected with a health care program or other employee benefit plan, livestock, medical products, banking and/or funds connected with lending, credit, or insurance institutions.

• Embezzlement of public money, property, or records, which is punishable by a $250,000 fine and/or 10 years in prison, for offenses involving $1,000 or more. The accused faces a fine of up to a $100,000, and/or up to one year in prison, or offenses involving less than $1,000. 18 U.S.C. Section 641.

• Embezzlement of tool and materials for the purpose of counterfeiting, which is punishable by a fine of up to $250,000 and/or 10 years in prison, or both. 18 U.S.C. Section 642.

• Embezzlement by officers, employees, or agents of the federal government, which is punishable by up to a $250,000 fine or the amount embezzled (whichever is greater) and/or up to 10 years in prison, for offenses involving $1,000 or more. The accused faces fines of up to $1,000 and/or up to one year in prison, for offenses involving $1,000 or less. 18 U.S.C. Section 643.

• Embezzlement by bankers who knowingly receive unauthorized deposits of public funds, which is punishable by a fine of up to $250,000 or the amount embezzled (whichever is greater) and/or up to 10 years in prison, for offenses involving $1,000 or more. The accused faces up to a $1,000 fine and/or up to one year in prison, if the offense involves less than $1,000. 18 U.S.C. Section 644.

• Embezzlement by federal court employees, which is punishable byup to $1,000 in fines and/or imprisonment for up to one year, for offenses involving $1,000 or more. The accused faces a fine of up to $250,000 or the amount embezzled (whichever is greater) and/or up to 10 years in prison, for offenses involving more than $1,000. 18 U.S.C. Section 645.

Criminal statute sections to be investigated include, but are not limited to, the following:

1. Title 18 U.S.C. § 664, “Theft or Embezzlement from Employee Benefit Plan”;
2. Title 18 U.S.C. § 1027, ” False Statements and Concealment of Facts in Relation to Documents Required by the Employee Retirement Income Security Act”;
   
3. Title 18 U.S.C. § 1954, “Offer, Acceptance or Solicitation to Influence Operations of Employee Benefit Plans”.
4. Title 29 U.S.C. § 1111, “Prohibition Against Certain Persons Holding Certain Positions” (ERISA Section 411)⁽¹⁾
5. Title 29 U.S.C. § 1131 “Willful Violation of Title I, Part 1” (ERISA Section 501);
6. Title 29 U.S.C. § 1141 “Coercive Interference” (ERISA Section 511);
7. Title 18 U.S.C. § 669, “Theft or Embezzlement In Connection With Health Care”;
8. Title 18 U.S.C. § 1035, “False Statements Relating To Health Care Matters”;
9. Title 18 U.S.C. § 1347, “Health Care Fraud”; and
10. Title 18 U.S.C. §1518, “Obstruction of Criminal Investigations of Health Care Offenses”.
11. Other criminal statutes that may be violated in connection with employee benefit plan operations such as 18 U.S.C. § 1341, “Mail Fraud”; 18 U.S.C. § 1343, “Wire Fraud”; 18 U.S.C. § 1346, “Honest Services Fraud”; and 18 U.S.C. §371, “Conspiracy.”

 

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