When you are in a position of trust, taking funds from a company account, even if you call it “borrowing” and fully intend to pay it back, is not a simple mistake. It is the very action that defines the white collar crime of embezzlement. From a legal standpoint, the moment you converted that money for your own use, you may have broken the law.
However, from a legal perspective, particularly in Michigan, this “intent to repay” is likely not the strong defense you believe it to be. The moment you took those funds for your own use, you may have crossed a serious legal line.
The problem with “intent to repay”
Embezzlement is a white collar crime that involves the fraudulent taking of personal property by someone to whom it was entrusted. In Michigan, the core of the charge is not about the intent to permanently keep the property. It is about the intent to convert it for your own use even temporarily.
When you move that money from the company account to your personal account, the law may view that action as “conversion.” Your plan to pay it back, while perhaps well-intentioned, does not erase the initial act of taking and using assets that were not yours.
What prosecutors focus on
To secure a conviction in Kent County, a prosecutor does not need to prove you intended to keep the money forever. They generally focus on two key elements:
- A relationship of trust: You were an employee, executive, bookkeeper or another professional given access to the assets.
- The act of conversion: You intentionally and without authorization took those assets and used them for any purpose other than what was intended by the owner.
In fact, the plan to repay the funds could even be interpreted as an admission that you knowingly took the money in the first place.
The high stakes of an embezzlement charge
Michigan law addresses embezzlement and specifies severe penalties, which often depend on the value of the property taken. Even amounts over $1,000 can result in felony charges and these penalties escalate quickly, carrying the risk of significant prison time.
This is a critical distinction that many professionals facing white collar crime charges do not understand until it is too late. If you are under investigation for embezzlement, the stakes are high. These are serious felony charges that can impact your professional license, your reputation and your freedom. Understanding your legal options and building a strategic defense is essential.