{"id":374250,"date":"2018-09-07T15:41:24","date_gmt":"2018-09-07T20:41:24","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/minnesota-law\/minnesota-embezzlement-law-and-penalties.html"},"modified":"2018-09-07T17:07:38","modified_gmt":"2018-09-07T22:07:38","slug":"minnesota-embezzlement-law-and-penalties","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/minnesota-law\/minnesota-embezzlement-law-and-penalties.html","title":{"rendered":"Minnesota Embezzlement Law and Penalties"},"content":{"rendered":"\n
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Minnesota Embezzlement Law and Penalties<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The offense of embezzlement<\/a> is a financial crime that involves a misuse of another person’s property. Unlike a general theft<\/a> or larceny offense where the wrongdoing is due to the wrongful possession of another’s property, embezzlement occurs when an individual’s position, job, or role gives them lawful possession of the property. However, the embezzler breaches the trust when they take the property for their own personal gain.<\/p>\r\n

A common example of embezzlement is employee theft. This activity ranges from cashiers taking a small amount of cash from the register to executives stealing millions from corporations.<\/p>\r\n

Beyond the general definition, embezzlement is treated differently by various jurisdictions. Some states don’t distinguish between the two and lump embezzlement with the general theft laws; others criminalize embezzlement specifically. In Minnesota, it’s a bit of a hybrid because the state does address embezzlement, but only in terms of public funds.<\/p>\r\n

Minnesota’s embezzlement laws also differ when it comes to their location. Unlike most criminal offenses which are found in the statutes, embezzlement is detailed in Minnesota’s constitution.<\/p>\r\n

Minnesota Embezzlement Laws at a Glance<\/h2>\r\n

The best way to know the letter of the law is by working with an attorney. However, a legal novice can understand the essence of the law by reading an easy-to-understand guide written in simple language. The following chart can help you get a handle on Minnesota’s embezzlement laws, including penalties.<\/p>\r\n\r\n

Relevant Law<\/b><\/p>\r\n<\/td>\r\n

Minnesota Constitution Art. XI: Section 13<\/a><\/p>\r\n

Minnesota Statutes: Section 609.54<\/a><\/p>\r\n<\/td>\r\n<\/tr>

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Elements of the Crime<\/b><\/p>\r\n

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Anyone who is in the position of safeguarding state funds must:<\/p>\r\n

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  • Provide security for the funds and to keep an accurate entry of each sum received and of each payment and transfer; and<\/li>\r\n
  • Not convert the funds for their own use in any manner including loans (with or without interest), deposits in their own name or deposits other than in the name of the state of Minnesota.<\/li>\r\n<\/ul>\r\n

    A failure to comply with the conditions is presumptive proof that the officer or person committed embezzlement of public funds (a felony).<\/p>\r\n<\/td>\r\n<\/tr>

Possible Penalties and Sentencing<\/b><\/p>\r\n<\/td>\r\n

If the value of the funds is $2,500 or less:<\/b><\/p>\r\n

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  • Punishable by up to 5 years imprisonment and\/or fines up to $10,000.<\/li>\r\n<\/ul>\r\n

    If the value of the funds is more than $2,500:<\/b><\/p>\r\n

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    • Punishable by up to10 years and\/or fines up to $20,000.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Related Offenses<\/b><\/p>\r\n<\/td>\r\n

Minnesota Statutes:<\/p>\r\n