THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.180 Embezzlement in bank, deposit, trust company, or credit union; penalty. Sec. 180.
Any president, director, secretary, cashier, treasurer or other officer, teller, clerk, agent, receiver or conservator, or agent or employee of such receiver or conservator of any bank, trust company, credit union or safe or safety and collateral deposit company, who embezzles, abstracts or wilfully misapplies any of the moneys, funds, credits or property of the bank, trust company, credit union or safe or safety and collateral deposit company, whether owned by it or held in trust, or who, without authority of the directors or proper officers, issues or puts forth any certificate of deposit, draws any order or bill of exchange, makes any acceptance, assigns any note, bond, draft, bill of exchange, mortgage, judgment or decree, or who makes any false entry in any book, report or statement of the bank, trust company, credit union or safe or safety and collateral deposit company with intent in either case to injure or defraud the bank, trust company, credit union or safe or safety and collateral deposit company or any company, corporation or person or to deceive any officer of the bank, trust company, credit union or safe or safety and collateral deposit company, or any agent, receiver or conservator, or agent or employee of such receiver or conservator appointed to examine the affairs of such bank, trust company, credit union or safe or safety and collateral deposit company; and any person who with like intent aids or abets any officer, clerk, agent, receiver or conservator, or agent or employee of such receiver or conservator, in violation of this section or who shall issue or cause to be issued or put in circulation, any bill, note or other evidence of debt to circulate as money, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 20 years.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 164, Imd. Eff. July 9, 1937 ;-- CL 1948, 750.180 ;-- Am. 1960, Act 31, Eff. Aug. 17, 1960 Former Law: See section 66 of Act 66 of 1929, being CL 1929, § 11963; and section 41 of Act 67 of 1929, being CL 1929, § 12037.
Unraveling Embezzlement Law: A Look into Michigan Penal Code 750.180
Embezzlement: An Overview
Michigan Penal Code 750.180 speaks explicitly about the crime of embezzlement in financial institutions. This law addresses any misappropriation of funds or property by employees or associated personnel of banks, trust companies, credit unions, or safe deposit companies.
Who Can Be Held Accountable?
The law applies to a broad range of positions within these organizations. This list includes presidents, directors, secretaries, cashiers, treasurers, other officers, tellers, clerks, agents, receivers, conservators, and their employees.
What Constitutes Embezzlement?
Embezzlement involves the willful misapplication of the institution's money, funds, credits, or property. Actions constituting embezzlement include unauthorized issuance of certificates of deposit, drawing of orders or bills of exchange, assignment of notes, bonds, drafts, bills of exchange, mortgages, judgments, or decrees. It also includes making false entries in the institution's books, reports, or statements with an intention to defraud or deceive.
Accomplice Liability
The law further extends to anyone who knowingly assists or encourages such misconduct. For instance, if someone aids an officer or employee in the violation of this law, they too will be held accountable.
Penalty for Embezzlement
The penalty for embezzlement, as per this section, is severe. It's classified as a felony, with the perpetrator facing imprisonment in the state prison for a term not exceeding 20 years.
This simplified overview of Michigan Penal Code 750.180 aims to help you understand the gist of the law. For detailed legal advice or inquiries, always consult with a legal professional.