Theft Crimes Statutes such as theft by failure to make required disposition can cover a wide range of different offenses. embezzlement One of those types of theft is theft by failure to make required disposition of funds received. This offense is defined under section 3927 of the Pa criminal code. Essentially, theft by failure to make required disposition of funds received is when an individual enters into a legal agreement with another individual where they agree to make payments in exchange for some type of property, they fail to make those payments but still treat the property they received as if it were their own. The key part of this statute, and what makes it a criminal matter rather than a civil matter, is that the individual intentionally deals with the property as if it were his own and fails to make the payments. For example, let’s say a small privately-owned dentist office enters into a contract with a business to purchase a new X-ray machine. They work out some type of payment plan where the dentist agrees to pay a certain amount at the beginning of the month. On the first of the month, the dentist does not make the payment and avoids calls and emails from the company who sold them the X-ray machine. While avoiding payments the dentist treats the X-ray machine as if he had made the payments and actually owned it. The dentist opens himself up to a charge of theft by failure to make required disposition of funds received if he continues to avoid making payments and using the property as if it were his own.
Theft Crimes such as theft by failure to make required disposition are graded just like every other type of theft. unauthorized use of a vehicle The grading of this offense depends on the amount that the individual owes on the piece of property. If the amount taken is between $100,000 and $500,000 it is a felony of the second degree. Above the $500,000 threshold is a felony of the first degree, while a felony of the third degree is any amount between $2,000 and $100,000. Due to the seriousness of the penalties that can be imposed, it is important to seek legal representation if you have been charged with theft by failure to make required disposition of funds received. The attorneys at the Law Offices of Kelly and Conte are experienced attorneys who will fight to get you the best resolution given the facts of your case.