Embezzlement and similar thefts occur when someone entrusted with money, property, or funds — such as an employee, volunteer, treasurer, or public official — takes or misuses those assets. These cases range from small bookkeeping errors to major financial crimes, and the consequences depend on the amount, the victim, and the intent.
Mark D. Kelly is an experienced and top-rated criminal defense lawyer who can help you structure and execute a defense strategy aimed at achieving the best possible outcome. Whether that means negotiating to reduce charges, challenging the prosecution’s evidence, or fighting for acquittal at trial, Mark brings decades of experience and a deep understanding of Minnesota’s theft and embezzlement laws to every case.
Legal Background — Minnesota’s Theft & Embezzlement Laws
Minnesota Statute § 609.52 – Theft
Minnesota does not have a separate statute titled “embezzlement.” Instead, most cases are charged under the general theft statute, Minn. Stat. § 609.52, subd. 2(1):
“Whoever intentionally and without claim of right takes, uses, transfers, conceals or retains possession of movable property of another without the other’s consent and with intent to deprive the owner permanently of possession of the property” is guilty of theft.
This broad definition covers situations where someone in a position of trust diverts money or property for personal use — the classic definition of embezzlement.
Minnesota Statute § 609.54 – Embezzlement of Public Funds
Public employees, officers, and anyone handling government money can also face the specific public-funds statute:
“A public officer or other person authorized to receive money on behalf of the state or a political subdivision who appropriates the same to a purpose not authorized by law is guilty of embezzlement of public funds.”
Violations are felonies, with punishment tiers depending on the value:
Over $2,500: Up to 10 years in prison and/or a $20,000 fine.
$2,500 or less: Up to 5 years in prison and/or a $10,000 fine.
Penalties — How Minnesota Classifies Theft
Minnesota ranks theft by dollar value (Minn. Stat. § 609.52, subd. 3):
| Value of Property | Level | Maximum Penalty |
|---|---|---|
| $500 or less | Misdemeanor | Up to 90 days jail and $1,000 fine |
| $500 – $1,000 | Gross Misdemeanor | Up to 1 year jail and $3,000 fine |
| $1,000 – $5,000 | Felony | Up to 5 years prison and $10,000 fine |
| $5,000 – $35,000 | Felony | Up to 10 years prison and $20,000 fine |
| Over $35,000 or certain public funds | Felony | Up to 20 years prison and $100,000 fine |
Convictions may also include restitution, probation, and loss of professional credentials.
Common Charging Theories
Theft by Embezzlement (§ 609.52) — using or diverting entrusted funds.
Receiving or Concealing Stolen Property (§ 609.53) — possessing stolen money or items.
Forgery (§ 609.63) — altering checks, ledgers, or documents to hide losses.
Embezzlement of Public Funds (§ 609.54) — misuse of taxpayer or government money.
Possible Defenses
Lack of Intent — mistake or misunderstanding rather than intent to steal.
Authorization or Consent — funds used within approved limits.
Insufficient Proof — missing documentation or unreliable accounting.
Entrapment or Coercion — someone else pressured or manipulated the act.
Mark D. Kelly carefully analyzes ledgers, emails, and policies to uncover weaknesses in the prosecution’s theory.
If You’re Under Investigation
Do not speak to investigators without counsel.
Preserve records — bank statements, receipts, emails.
Call right away: 651-310-1402.
Early intervention often stops formal charges or limits exposure.
Why Hire Mark D. Kelly
Decades of experience defending white-collar and theft cases in Ramsey County.
Direct access to your lawyer — no gatekeepers.
Focus on minimizing collateral damage through restitution plans or diversion.
Available 24/7 at 651-310-1402