§ 1-122. Embezzlement defined.
A. Embezzlement is the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose, under any of the following circumstances:
1. Where the property was obtained by being entrusted to that person for a specific purpose, use, or disposition and shall include, but not be limited to, any funds “held in trust” for any purpose;
2. Where the property was obtained by virtue of a power of attorney being granted for the sale or transfer of the property;
3. Where the property is possessed or controlled for the use of another person;
4. Where the property is to be used for a public or benevolent purpose;
5. Where any person diverts any money appropriated by law from the purpose and object of the appropriation;
6. Where any person fails or refuses to pay over to the state, or appropriate authority, any tax or other monies collected in accordance with state law, and who appropriates the tax or monies to the use of that person, or to the use of any other person not entitled to the tax or monies;
7. Where the property is possessed for the purpose of transportation, without regard to whether packages containing the property have been broken;
8. Where any person removes crops from any leased or rented premises with the intent to deprive the owner or landlord interested in the land of any of the rent due from that land, or who fraudulently appropriates the rent to that person or any other person; or
9. Where the property is possessed or controlled by virtue of a lease or rental agreement, and the property is willfully or intentionally not returned within ten (10) days after the expiration of the agreement.
Embezzlement does not require a distinct act of taking, but only a fraudulent appropriation, conversion or use of property.
B. Except as provided in subsection (C) of this section, embezzlement shall be punished as follows:
1. If the value of the property embezzled is less than One Thousand Dollars ($1,000.00), any person convicted shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Tribal Jail for a term not more than one year, or by both such fine and imprisonment;
2. If the value of the property embezzled is One Thousand Dollars ($1,000.00), or more but less than Ten Thousand Dollars ($10,000.00), any person convicted shall be guilty of a misdemeanor and shall be punished by imprisonment in the Tribal Jail for not more than one year or by imprisonment in the Tribal Jail for one or more nights or weekends pursuant to 7 ONC § 4-103, at the discretion of the Court, and shall be subject to a fine not exceeding One Thousand Dollars ($1,000.00), and ordered to pay restitution to the victim as provided in 7 ONC § 4-103;
3. If the value of the property embezzled is Ten Thousand Dollars ($10,000.00) or more but less than Twenty-Five Thousand Dollars ($25,000.00), any person convicted shall be guilty of a misdemeanor and shall be punished by imprisonment in the Tribal Jail for a term of not more than one year, and a fine of not exceeding One Thousand Dollars ($1,000.00), and ordered to pay restitution to the victim as provided in 7 ONC § 4-103; or
4. If the value of the property embezzled is Twenty-Five Thousand Dollars ($25,000.00) or more, any person convicted shall be guilty of a misdemeanor and shall be punished by imprisonment in the Tribal Jail for a term of not more than one year, and a fine not exceeding One Thousand Dollars ($1,000.00), and ordered to pay restitution to the victim as provided in 7 ONC § 4-103.
C. Any tribal officer, official, deputy or employee of such officer or official, who shall divert any money appropriated by law from the purpose and object of the appropriation, shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the Tribal Jail for a term not less than one year, and a fine equal to triple the amount of money so embezzled and ordered to pay restitution to the victim as provided in 7 ONC § 4-103. The fine shall operate as a judgment lien at law on all estate of the party so convicted and sentenced, and shall be enforced by execution or other process for the use of the person whose money or other funds or property were embezzled. In all cases the fine, so operating as a judgment lien, shall be released or entered as satisfied only by the person in interest. ONCA 13-25, eff. Apr. 19, 2013.