Embezzlement occurs when a person entrusted with money or other assets uses them for an unauthorized purpose. Unfortunately it is a fairly common crime in Utah.
Utah Code
Utah Code § 76-16-210 provides the legal definition of embezzlement, and outlines the legal consequences. This code applies to individuals who embezzle, abstract, or misapply corporate or association funds.
Who Can Be Charged?
The law applies to a wide range of individuals involved with an organization including:
- Corporate Officers and Directors
- Agents and Employees
- Accomplices/Individuals Who Assist the Conduct
Penalties and Consequences
A violation of this statute is a third-degree felony in Utah.
In addition to having a felony record, courts may require the defendant to repay the money or property that was taken or misused. This compensation is known as restitution.
Finally, an embezzlement conviction is a crime of moral turpitude. This means it will have more collateral consequences than a regular third degree felony. It may lead to a loss of job or professional licenses. It will likely also make it more difficult to secure a new job in the future as well.
It can also have severe immigration status consequences because the United States federal government does not like granting or renewing visas to people with convictions of crimes involving moral turpitude.
Common Examples
- Unauthorized Transfers to Personal Accounts
- Changing or Manipulating Payroll
- False or Exaggerated Reimbursements
Key Takeaways
Utah’s embezzlement law helps protect corporations and associations from financial misconduct by individuals in positions of power. Even when a person has permitted access to funds, using them for unauthorized purposes can result in serious legal consequences.
If you or someone you know has been accused or charged with embezzlement, you need to speak with an experienced attorney before answering any questions. By the time a detective or investigator makes contact, they usually already think you’re guilty. Having representation is key to protecting your rights and future.