Oregon Embezzlement Charges & Penalties

Embezzlement in Oregon involves the illegal appropriation of funds or property by someone who has been entrusted with their management. This white-collar crime is taken seriously in the state due to its potential to erode public trust and cause significant financial damage. Oregon has stringent laws and penalties designed to deter and punish embezzlement, ensuring the protection of fiduciary relationships and public resources.

Embezzlement can occur in various settings, including businesses, financial institutions, and personal relationships. Examples include a company officer misappropriating company funds, a bank employee stealing client money, or a caregiver embezzling funds from a dependent.

Four Factors Required for an Oregon Embezzlement Conviction

For an embezzlement conviction in Oregon, four elements must be established:

Fiduciary Relationship: There must be a fiduciary relationship between the accused and the victim, where the victim relied on the accused to manage their funds or property. This relationship can exist between employers and employees, financial advisors and clients, or caregivers and dependents.

Transfer of Property: The accused must have obtained the property through this fiduciary relationship and transferred the funds to themselves or a third party. Mere access to the funds is insufficient; there must be evidence of unauthorized transfer for personal use.

Intentional Actions: The actions of the accused must be intentional. If the transfer of funds was a mistake and can be proven as such, it is unlikely to constitute embezzlement.

Unauthorized Use: The use of the property must be unauthorized and for personal gain. The prosecution must prove that the accused intended to benefit personally from the misappropriated funds or property.

Oregon Laws and Penalties

Embezzlement in Oregon is prosecuted under the state’s theft statutes, which are codified in the Oregon Revised Statutes (ORS), Chapter 164. The penalties for embezzlement depend on the value of the property stolen and can range from misdemeanors to serious felonies.

Felony Embezzlement

Theft in the First Degree (ORS §164.055): Embezzlement of property or money valued at $1,000 or more is classified as theft in the first degree, a Class C felony. Penalties include a prison sentence of up to 5 years and fines up to $125,000.

Aggravated Theft in the First Degree (ORS §164.057): Embezzlement involving property or money valued at $10,000 or more is classified as aggravated theft in the first degree, a Class B felony. Penalties include a prison sentence of up to 10 years and fines up to $250,000.

Misdemeanor Embezzlement

Theft in the Second Degree (ORS §164.045): Embezzlement of property valued at $100 or more but less than $1,000 is classified as theft in the second degree, a Class A misdemeanor. Penalties include up to 1 year in county jail and fines up to $6,250.

Oregon Embezzlement Penalties

As in most states, an embezzlement conviction in Oregon results in fines and imprisonment. The severity of the punishment is directly related to the value of the stolen property or funds. Embezzlement involving government funds or property is punished more harshly to protect public resources.

Embezzlement Defenses

Embezzlement charges in Oregon are serious, but several effective defenses can be employed to fight them. Below are some common and effective embezzlement defenses:

Lack of Intent: Demonstrating that the transfer of funds was a mistake or done for legitimate reasons can be a strong defense. If the accused can prove there was no intent to misappropriate the funds for personal gain, the charges may be dismissed.

Insufficient Evidence: If there is not enough evidence to prove embezzlement beyond a reasonable doubt, this can be a very strong defense. The defense attorney will attempt to show reasonable doubt regarding various aspects of the charges.

Ownership Claim: Demonstrating that the accused believed they were the rightful owner of the funds or property can be a defense. If it can be proven that the accused had a legitimate claim to the money, the charges might be dropped.

Duress: If the accused was forced to take the money due to threats or harm to themselves or a loved one, they might be able to show they acted under duress. However, this defense is complex and must prove that the threats were direct and immediate.

Entrapment: If the accused was induced by law enforcement to commit the crime that they otherwise would not have committed, entrapment can be used as a defense.

An effective defense attorney can use these defenses in various ways, such as showing bank statements indicating no link between business debits and personal accounts or demonstrating that other individuals had access to the funds in question. If the defense can create enough doubt regarding the accused’s responsibility for the missing funds, it may be impossible to convict them.

If the attorney cannot get the case dismissed, they may be able to negotiate a plea bargain for a reduced sentence. The attorney may convince the judge that the accused will pay restitution for any missing funds, which could result in avoiding jail time and incurring additional fines. Occasionally, charges may be dropped if restitution is paid.

Statute of Limitations on Oregon Embezzlement

In Oregon, the statute of limitations for embezzlement is typically three years from when the crime occurred. However, if the crime involves public funds or officials, the statute of limitations may be extended. The Discovery Rule in Oregon allows for the filing of a suit up to two years from the date the crime was discovered if it was not discovered immediately.

Recent Oregon Embezzlement Cases

Portland Accountant Sentenced for Embezzling $3 Million An accountant in Portland was sentenced to 8 years in prison for embezzling $3 million from her clients. The funds were used for personal expenses, including luxury vacations and high-end purchases.

Oregon State Employee Arrested for Embezzling Public Funds A state employee was arrested for embezzling $600,000 from public funds. The embezzlement was discovered during an audit, leading to charges and a potential lengthy prison sentence.

Nonprofit Executive Director Charged with Embezzlement The executive director of a nonprofit organization in Eugene was charged with embezzling $400,000 in donations. The funds were allegedly used for personal gain, including paying off personal debts.

Top Cities in Oregon for Embezzlement Charges

  • Portland
  • Eugene
  • Salem
  • Gresham
  • Hillsboro
  • Beaverton
  • Bend
  • Medford
  • Springfield
  • Corvallis
  • Albany
  • Tigard
  • Lake Oswego
  • Keizer
  • Grants Pass

References

Oregon Revised Statutes, Chapter 164. (n.d.). Retrieved from Oregon Legislature

Oregon Embezzlement Laws. (n.d.). Retrieved from FindLaw Oregon Embezzlement Laws

This article provides a comprehensive overview of Oregon’s embezzlement laws, the penalties for violations, common defenses, and recent cases, highlighting the state’s rigorous approach to curbing financial misconduct and maintaining public trust.