Embezzlement is considered to be the fraudulent taking of another person’s property by a person who is placed in charge of managing it, and these crimes carry harsh penalties in the state of New Mexico. What separates embezzlement from other types of theft crimes is that the person stealing the property must be placed in a position of trust by the owner of the property, and the party committing the theft must violate this trust by taking the funds or other property for themselves.
There are various different ways in which an embezzlement crime can occur, and these crimes are not limited to a business setting. If a person is placed in charge of caring for a family member for any period of time, and they are found to have been taking money from the family member they are caring for, their crime would be considered to be embezzlement rather than another form of theft in the state of New Mexico due to the position of trust they held.
New Mexico Laws And Penalties
A person may face various penalties under New Mexico law for charges of embezzlement, and these will depend on the value of the embezzlement case. For cases of embezzlement that include property of higher values, a person will face greater charges and penalties.
- Property valued at $250 or less: If the property in an embezzlement case is valued at $250 or less, a person may face a fine of up to $500 as well as up to 6 months in jail.
- Property valued at between $250 and $500: If the property is valued at between $250 and $500, a person will then face penalties of a fine not exceeding $1,000 as well as up to 1 year in jail.
- Property valued between $500 and $2,500: In New Mexico embezzlement cases where the property is valued at between $500 and $2,500, a person may face penalties including a fine of up to $5,000 as well as up to 18 months in prison.
- Property valued between $2,500 and $20,000: If the property in question is valued between $2,500 and $20,000, the person facing charges will also be facing the penalty of a fine of up to $5,000 as well as a sentence of up to 3 years in prison.
- Property valued at more than $20,000: If the property embezzled is valued at more than $20,000, a person will face the harshest embezzlement penalties and charges; this will include a fine of up to $10,000 as well as up to 9 years in prison.
New Mexico Embezzlement Penalties
In the state of New Mexico, a person charged with embezzlement will face penalties that reflect the amount of the property stolen based on monetary property value. The state has defined monetary value ranges in place that designate certain penalties to specific value levels in embezzlement cases, and a person can face either misdemeanor charge or felony charge penalties depending on which range their case falls under.
These penalties may include fines, prison sentences, jail sentences, or a combination of different penalties, and each embezzlement case is judged on a specific case basis in New Mexico.
Statute Of Limitations On New Mexico
For felony cases of embezzlement in the state of New Mexico, the statute of limitations is set at either 5 or 6 years, but for misdemeanor cases the statute of limitations is set at 2 years. The statute of limitations is a period of time in which criminal charges may be pressed against and individual, and these time periods will vary with the severity of embezzlement crimes in the state.
Key New Mexico Embezzlement Cases
- NM Ex-Mortuary Worker in Massive Embezzlement Case – Over the course of several years, an ex-employee at a New Mexico mortuary is being charged with multiple counts of embezzlement after it was discovered that over $400,000 in company funds had gone missing.
- Bureau Releases Letters in NM Embezzlement Case – The Farmington Convention and Visitors Bureau released letters to those who may have unknowingly benefitted from a $480,000 embezzlement case carried out by the bureau’s former director over the course of 6 years between 2006 and 2012.
- Former Tesuque Gov. Guilty of Embezzlement – A former Tesuque Pueblo governor admits to embezzling over $240,000 from various accounts in 2008. The former governor did face up to 5 years in prison, which was avoided due to a plea agreement and health concerns.
- NM Woman Pleads Guilty in Bank Embezzlement Case – A former bank employee is accused of embezzling over $200,000 from her former place of employment. She admitted to manipulating bank records over the course of 1 year in order to cover the evidence of her crime.