Merchant and Money

Embezzlement under North Carolina General Statute 14-90 occurs when a person (1) fraudulently or knowingly and willingly (2) uses for a purpose other than that for which the defendant received it (3) the property of another (4) held by the defendant under his or her care.

A common form of embezzlement is embezzlement by an employee. This specific type of embezzlement occurs when a person (1) is an employee and (2) wilfully goes away with a thing of value or embezzles or converts to his or her own use a thing of value (3) entrusted to the employee (4) with the intent to steal it and defraud the employer.

In North Carolina, embezzlement is divided into two separate categories depending upon the value of the property taken. If the property embezzled is $100,000 or more, the crime is a class C felony with a maximum punishment under the law of 231 months incarceration. If the value of the property embezzled is less than $100,000, the crime is a class H felony with a maximum punishment under the law of 39 months incarceration.

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