What is the difference between Larceny and Embezzlement?
06/03/2009 - Criminal - State: NC #16853
Full Question:
My company has a criminal case against a former employee for embezzlement and forgery. On the court calendars it is showing some charges with embezzlement and then it shows some that are larceny by employee. What is the difference, and is one worse than the other?
Answer:
Both offenses are theft-related charges. Embezzlement typically involves the defendant being in a position of trust and involves taking property wrongfully through deception. Larceny is usually distinguished from embezzlement and false pretenses in that the actual taking of the property is accomplished unlawfully and without the victim's consent, and along with the taking there must be a carrying-off.
North Carolina has several statutes that apply to larceny, with one particularly applicable to employees. In North Carolina, there are different penalties that apply, based on the value of the property taken. Penalties for embezzlement and larceny in North Carolina are equivalent.
Please see the following statutes to determine applicability:
§ 14-90. Embezzlement of property received by virtue of office or employment.
If any person exercising a public trust or holding a public office, or any guardian, administrator, executor, trustee, or any receiver, or any other fiduciary, or any officer or agent of a corporation, or any agent, consignee, clerk, bailee or servant, except persons under the age of 16 years, of any person, shall embezzle or fraudulently or knowingly and willfully misapply or convert to his own use, or shall take, make away with or secrete, with intent to embezzle or fraudulently or knowingly and willfully misapply or convert to his own use any money, goods or other chattels, bank note, check or order for the payment of money issued by or drawn on any bank or other corporation, or any treasury warrant, treasury note, bond or obligation for the payment of money issued by the United States or by any state, or any other valuable security whatsoever belonging to any other person or corporation, unincorporated association or organization which shall have come into his possession or under his care, he shall be guilty of a felony. If the value of the property is one hundred thousand dollars ($100,000) or more, the person is guilty of a Class C felony. If the value of the property is less than one hundred thousand dollars ($100,000), the person is guilty of a Class H felony.
§ 14-74. Larceny by servants and other employees.
If any servant or other employee, to whom any money, goods or other chattels, or any of the articles, securities or choses in action mentioned in G.S. 14-75, by his master shall be delivered safely to be kept to the use of his master, shall withdraw himself from his master and go away with such money, goods or other chattels, or any of the articles, securities or choses in action mentioned as aforesaid, or any part thereof, with intent to steal the same and defraud his master thereof, contrary to the trust and confidence in him reposed by his said master; or if any servant, being in the service of his master, without the assent of his master, shall embezzle such money, goods or other chattels, or any of the articles, securities or choses in action mentioned as aforesaid, or any part thereof, or otherwise convert the same to his own use, with like purpose to steal them, or to defraud his master thereof, the servant so offending shall be guilty of a felony: Provided, that nothing contained in this section shall extend to apprentices or servants within the age of 16 years. If the value of the money, goods, or other chattels, or any of the articles, securities, or choses in action mentioned in G.S. 14-75, is one hundred thousand dollars ($100,000) or more, the person is guilty of a Class C felony. If the value of the money, goods, or other chattels, or any of the articles, securities, or choses in action mentioned in G.S. 14-75, is less than one hundred thousand dollars ($100,000), the person is guilty of a Class H felony.
Please see the information at the following links:
http://definitions.uslegal.com/e/embezzlement/
http://definitions.uslegal.com/search.php?q=larc
06/03/2009 - Category: Criminal - State: NC #16853
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