In need of some advice

[duke guy]

What is the statue of limitations (in Virginia) on embezzlement?

[This message has been edited by duke guy (edited June 02, 2000).]

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by duke guy:
I need to help my friend through a troubled time right now. This friend lives in Virginia, and some time ago he belonged to a group which had membership dues. When he was appointed the treasurer, he ran into some very hard times and wrote a few checks from the group's checkbook to cover some of his personal bills. Is this a crime (if so - I believe it is petit because it was less than $500)? What is the statue of limitations on such a matter if it is a crime? Can he pay the group back now (he is back on his feet) and still be sought after criminally and/or civilly? Any help you all could offer in this matter will help him tremendously. <HR></BLOCKQUOTE>

My response:

No, under Virginia law, the crime is "embezzelment" and is considered "grand larceny" (as incredible as that sounds, it's true - - see laws below). Your friend is on the hook both civilly and criminally. The "club" can sue him for the money, and the D.A. can indict him. I would suggest that he voluntarily return the money, rather than have a judge force him to do it.

Returning the money will have no effect on the fact that the crime has already been committed. However, returning the money may show to a judge his remorse, and an understanding that the money should have been returned, and that any sentence handed down might be more lenient as a result.

If the group chooses to press criminal charges, here are the laws which apply:

Virginia Criminal Codes:

§ 18.2-111
Embezzlement deemed larceny; indictment
If any person wrongfully and fraudulently use, dispose of, conceal or embezzle any money, bill, note, check, order, draft, bond, receipt, bill of lading or any other personal property, tangible or intangible, which he shall have received for another or for his employer, principal or bailor, or by virtue of his office, trust, or employment, or which shall have been entrusted or delivered to him by another or by any court, corporation or company, he shall be guilty of embezzlement. Embezzlement shall be deemed larceny and upon conviction thereof, the person shall be punished as provided in § 18.2-95 or § 18.2-96.

§ 18.2-95
Grand larceny defined; how punished
Any person who (i) commits larceny from the person of another of money or other thing of value of $5 or more, (ii) commits simple larceny not from the person of another of goods and chattels of the value of $200 or more, or (iii) commits simple larceny not from the person of another of any firearm, regardless of the firearm's value, shall be guilty of grand larceny, punishable by imprisonment in a state correctional facility for not less than one nor more than twenty years or, in the discretion of the jury or court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both.

§ 18.2-96
Petit larceny defined; how punished
Any person who:
1. Commits larceny from the person of another of money or other thing of value of less than $5, or
2. Commits simple larceny not from the person of another of goods and chattels of the value of less than $200, except as provided in subdivision (iii) of § 18.2-95, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.

Good luck.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 01, 2000).]

 

[duke guy]

Thank you I Am Always Liable for your quick response. If possible, could anyone tell me if there is a statute of limitations on this in regards to commencing any litigation.