Larceny by embezzlement



Larceny by embezzlement is governed by Massachusetts General Law Chapter 266, Section 30.  The law states as follows:



Section 30.  "(1) Whoever steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another as defined in this section, whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny..."



Embezzlement is a crime of conversion, not possession. In other words, you do not have to have possession of the property to be found guilty of this crime. It usually occurs when the accused is entrusted with property of another followed by the intent to convert ownership of that property to the defendant.




If the amount converted is over $250, or involves a firearm, then the penalty is imprisonment in the state prison for not more than five years, or by a fine of not more than twenty-five thousand dollars and imprisonment in jail for not more than two years.  If the amount is less then $250, the penatly is jail for not more than one year or by a fine of not more than three hundred dollars.  Interestingly, if the property was converted from an usmail or express delivery carrier, then shall be punished for the first offence by imprisonment for not less than six months nor more than two and one half years, or by a fine of not less than fifty nor more than six hundred dollars.



Attorney at Law