Can making threats on social media land you in jail?

On June 1st, the US Supreme Court addressed the criminality of violent statements on the internet in its decision in Elonis v. US. The majority opinion left more questions than it answered by simultaneously dismissing the lower Court’s conviction of Elonis and not establishing a clear set of requirements needed to satisfy a conviction.

Anthony Elonis, of Pennsylvania, was initially convicted for making violent Facebook posts including death threats to his wife, thoughts of shooting up an elementary school, and his murderous fantasies about an FBI agent. These statements were published on his 

Facebook page after his wife and two children left him. Elonis’s argument that his words were fictitious song lyrics and his decision to post them was meant as therapeutic response to his anger.

The trial judge ruled that a “reasonable person” standard was sufficient for conviction, under which a reasonable person would interpret the posts as a serious threat to inflict harm on another person.

The U.S Court of Appeals in Philadelphia agreed with this decision, adding that his subjective intent was irrelevant. In other words, it didn’t matter if Elonis meant for his posts to be a joke or a form of therapy.

The US Supreme Court reversed these earlier decisions that based the conviction solely on how the message is received. The opinion was limited in clarity, only telling us what the law is not.

It is not against the law to make statements on social media that others may perceive as threats. Therefore, the “reasonable person” standard was not sufficient for a conviction. The Justices agreed that additional criteria needed to be met for a conviction, but did not set-forth any standard of what that should be.

The bottom-line is that the criminality of threats on social media remains in question. If you find yourself facing criminal charges, including making a violent statement online, you need to contact Fausone Bohn LLP immediately. The sooner you retain us, the sooner we can start working for you. We understand the Michigan criminal justice system and can make the difference between conviction and keeping your freedom. Visit our contact page for more information: http://www.fb-firm.com/Contact-Us.shtml

Follow this link to see the full article: http://www.washingtonpost.com/politics/courts_law/supreme-court-throws-out-conviction-for-violent-facebook-postings/2015/06/01/68af3ee0-086b-11e5-a7ad-b430fc1d3f5c_story.html

Embezzlement Law in Michigan

Mark Mandell, Esq.

 

Recently, a Portage, Michigan man was sentenced to 87 months in prison for embezzling $6.5 million from the company where he worked as a comptroller.  In addition to his prison time and supervised release thereafter, he is required to pay restitution of $6.5 million to his former employer.  This shows just how serious the consequences of an embezzlement conviction can be.
 

Embezzlement in Michigan is governed by statute – MCL §750.174.  In essence, a person is guilty of embezzlement when they are in a relationship of trust to the principal (generally an employer-employee situation); in lawful possession or control of the funds of the principal; and wrongfully take or convert those funds to his own use, with the intent to defraud.

The key element to a charge of embezzlement is that the person takes the money, which belongs to the principal, with the intent to convert it to his own use.  In other words, the person has the fraudulent intent to deprive the owner of his property and take it for himself.  Without this intent to defraud, a taking cannot be embezzlement (though it may constitute another offense.)

The severity of an embezzlement charge depends on the amount of money or personal property taken by the agent or employee.  The charges include the following: 

·        If the money or property taken is valued at less than $200, the charge is a 93-day  misdemeanor with a possible fine up to $500; 

·        If the value is up to $1,000, the crime is a 1-year misdemeanor subject to a fine of up to $2,000.

·         $1,000 to $20,000 is a 5-year felony with a fine of up to $10,000. 

·         $20,000 to $50,000 is a 10-year felony with a fine up to $15,000. 

·         $50,000 to $100,000 is a 15-year felony with a fine up to $25,000. 

·         $100,000 and above is a 20-year felony with a fine up to $50,000.

Additionally, a person convicted of embezzlement will likely be required to pay restitution to the owner of the amount illegally taken, in addition to the statutory fines and jail time.  Charges may also be enhanced if the defendant has any prior embezzlement convictions on his record.

If you are facing embezzlement charges, or if you need more information about this area of the law, contact Michigan Fraud Lawyer Mark Mandell at (248) 380-0000 or online at www.MichiganFraudLawyer.com.  Mr. Mandell can provide you the experienced and knowledgeable legal counsel that is absolutely imperative when facing all manners of criminal charges.