Charged with Violating Public Trust? A Minnesota Lawyer on Facing § 609.54
The accusation feels like a betrayal, not just of the law, but of your character. You were in a position of trust, responsible for handling public money. Whether you were a treasurer for a small town, an administrator at a state agency in St. Paul, or a clerk in a school district office in a suburb like Eagan or Plymouth, you took your duties seriously. Now, you’re facing a charge of Embezzlement of Public Funds under Minnesota Statute § 609.54, and your world has been turned upside down. Your reputation is in tatters, your career is on the line, and you are facing the full, unforgiving power of a government prosecuting one of its own.
You didn’t plan to end up here. Perhaps it’s all a terrible misunderstanding—a bookkeeping error, a flawed accounting system, or a transaction you were authorized to make. Maybe you are being made the scapegoat for a superior’s actions, or you made a mistake in judgment under extreme personal or professional pressure. Whatever the situation, the charge is devastating. This isn’t like a standard theft charge; it’s an accusation that strikes at the heart of your integrity, and a conviction carries severe felony penalties, including years in prison and the permanent loss of your career.
You do not have to face this alone. I am a Minnesota criminal defense attorney, and I have defended good people just like you against these complex and high-stakes charges in courtrooms across the state, from the metro hubs of Hennepin and Ramsey Counties to cities like Rochester, St. Cloud, and Duluth. I understand how prosecutors build these cases and, more importantly, how to take them apart. Your story needs to be told, and your rights must be fiercely defended. This is not the time to give up; this is the time to fight back.
The Breach of Trust: What Embezzlement of Public Funds Actually Means
In Minnesota, a charge of Embezzlement of Public Funds is fundamentally about a breach of trust. It’s not just about money going missing; it’s about a person in a special position of responsibility allegedly abusing that position for their own benefit. The law targets public officers or any other person entrusted with the safekeeping of state, county, or municipal funds who wrongfully takes that money. This is a serious form of public corruption, and prosecutors in Minnesota treat it as such.
Facing a Minnesota public embezzlement charge means the government will try to prove you intentionally converted taxpayer money to your own use. This could involve a wide range of scenarios, from directly transferring funds from a government account in Minneapolis to your personal account, to pocketing cash fees at a DMV in a place like Maple Grove, or manipulating payroll records at a public university in Duluth. Unlike standard theft, this crime can only be committed by someone who had legal access to the funds in the first place. The core of the accusation is that you broke the sacred trust placed in you by the public.
The Law Itself: Where Minnesota Defines Embezzlement of Public Funds
The criminal penalties for this offense are outlined in Minnesota Statute § 609.54. However, this statute is unique because it doesn’t define the crime itself. Instead, it points directly to the Minnesota Constitution, which makes embezzling public funds a felony. This shows how seriously the state has considered this offense since its very foundation.
The statute itself is short and direct, outlining the penalties for the act described in the constitution.
609.54 EMBEZZLEMENT OF PUBLIC FUNDS.
Whoever does an act which constitutes embezzlement under the provisions of Minnesota Constitution, article XI, section 13 may be sentenced as follows:
(1) if the value of the funds so embezzled is $2,500, or less, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or
(2) if such value is more than $2,500, to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
The relevant part of the Minnesota Constitution, Article XI, Section 13, establishes the framework:
“…The legislature shall provide by law for the punishment of all defaulters and embezzlers of public funds as a felony.”
Breaking Down the State’s Case: The Legal Elements of the Charge
To convict you of Embezzlement of Public Funds, the prosecutor can’t just point to a budget shortfall and blame you. They must prove, beyond a reasonable doubt, a specific set of facts known as “elements.” If they fail to prove even one of these elements, you cannot be found guilty. My entire defense strategy will be built around showing that the state’s evidence is too weak to prove every single part of their case against you.
- Public Official or Agent: The state must first prove that you were a public officer or another person specifically charged with the safekeeping, transfer, or disbursement of public money. This could be a city clerk in Bloomington, a county treasurer, a school district finance employee, or a manager at a state agency. If your role did not legally place you in this position of trust over public funds, you cannot be guilty of this specific crime, though other theft charges might apply.
- Public Funds: The prosecutor must prove that the money involved was, in fact, “public funds.” This includes tax dollars, fees collected by government agencies, grant money, and any other revenue belonging to the state, a county, a city, a school district, or another public entity. Proving the source and nature of the funds is a critical requirement for the state’s case. Private funds that get mixed with public funds can sometimes complicate this element.
- Fraudulent Conversion (The Act): This is the core act of embezzlement. The state must prove that you took possession of the public funds and wrongfully “converted” them to your own use or the use of another. This conversion can happen in many ways—writing checks to yourself, making unauthorized wire transfers, skimming cash, or creating fake invoices to pay yourself. The key is that you treated the public’s money as if it were your own, contrary to your legal authority.
- Criminal Intent: This is often the most important battleground in an embezzlement case. The prosecutor must prove that you acted with fraudulent intent—that you meant to deprive the public of its funds. A simple mistake, a bookkeeping error, or negligence is not a crime. If you acted under a good-faith belief that you were authorized to move or use the funds, you did not have the necessary criminal intent. Proving what was in your mind is extremely difficult for the prosecution.
The Price of a Conviction: What Embezzlement of Public Funds Will Cost You
A conviction for Embezzlement of Public Funds in Minnesota carries severe, life-altering felony penalties. Because this crime is seen as a profound violation of public trust, judges and prosecutors show little leniency. The penalties are tiered based on the amount of money the government alleges was taken. You are facing not only the loss of your freedom but also crippling financial consequences. The Minnesota sentencing for this crime is harsh.
For Amounts Over $2,500
If the value of the embezzled public funds is more than $2,500, you will be charged with a serious felony. A conviction is punishable by:
- Up to 10 years in prison;
- A fine of up to $20,000; or
- Both prison and a fine.
For Amounts of $2,500 or Less
Even for smaller amounts, the crime is still a felony, demonstrating how seriously the state takes any misuse of taxpayer money. If the value is $2,500 or less, a conviction is punishable by:
- Up to 5 years in prison;
- A fine of up to $10,000; or
- Both prison and a fine.
In addition to these penalties, a court will order you to pay full restitution to the government agency you allegedly stole from.
When Good People Face Bad Charges: Real-Life Scenarios
No one starts a career in public service expecting to be charged with a crime. These accusations often arise from complex situations where intent and authority are unclear. The line between a mistake and a crime can be blurry, but prosecutors will always assume the worst.
The Overwhelmed City Clerk in a Small Town
You work as the city clerk in a small town outside the Twin Cities. The accounting systems are outdated, you’re understaffed, and you have little oversight. A state audit reveals a discrepancy of $15,000 over two years. You know you didn’t steal any money, but the bookkeeping is a mess, and you can’t explain the shortfall. Now, the county attorney is charging you with embezzlement, claiming you are the only one who could have taken it.
The School Administrator in Eagan
As a finance administrator for the Eagan school district, you have a district credit card for approved purchases. You accidentally use it to pay for a personal online order. You realize your mistake immediately and pay the money back the next day. A disgruntled coworker reports it, an investigation is launched, and a politically ambitious prosecutor decides to make an example of you, charging you with felony embezzlement despite your intent to correct the error.
The Agency Manager in St. Paul
You are a mid-level manager at a large state agency in St. Paul. Your department uses grant money for community outreach. You approve a payment to a vendor run by a distant family member, believing it’s a legitimate and fair-market expense that serves the program’s goals. An audit flags it as a conflict of interest, and investigators accuse you of converting public funds to benefit your family, even though you received no direct financial benefit yourself.
The Misunderstood Authorization in Hennepin County
Working for a Hennepin County department, your supervisor verbally tells you to use program funds to purchase gift cards as incentives for a public health initiative. You do so, and the program is a success. A year later, a new supervisor takes over, and an audit finds no written policy authorizing the gift card purchases. Your old boss denies giving you permission. You are now charged with embezzling the funds used for the gift cards.
Fighting the Breach of Trust Narrative: Defenses That Work
When the government accuses you of embezzling public funds, they are telling a story—a story about a greedy official who betrayed the public trust. Our job is to tell a different story: your story. It may be a story of a simple mistake, of false accusations, or of a system that set you up to fail. An accusation is not proof. As your attorney, I will meticulously investigate every document, every transaction, and every witness statement to dismantle the prosecution’s case.
There are powerful defenses available to fight an embezzlement charge in Minnesota. The state has the entire burden of proof, and we will challenge them every step of the way. We are not just defending you against a legal charge; we are fighting to restore your name and your reputation.
Lack of Criminal Intent
This is the most critical defense in almost every embezzlement case. The state must prove, beyond a reasonable doubt, that you acted with a fraudulent state of mind. We can defeat their case by showing your actions were the result of an honest mistake, not criminal greed.
- Good-Faith Belief: We can argue that you had a good-faith belief you were authorized to use or move the funds in the way you did. This could be based on a supervisor’s instructions, a past practice within the department, or a reasonable misinterpretation of a confusing policy.
- Bookkeeping Errors: We can hire a forensic accountant to analyze the records and demonstrate that the alleged financial loss was the result of sloppy bookkeeping, a flawed accounting system, or simple human error—not a criminal act of theft.
You Did Not Convert the Funds
The state must prove you actually converted the funds to your own use. If the money was used for its intended public purpose, even if the process was sloppy, there is no embezzlement.
- No Personal Benefit: We can show that you received no personal benefit from the transaction. If the money went to a legitimate public project or program, it undermines the state’s claim that you were trying to enrich yourself. This is common in cases involving miscategorized expenses.
- Funds Were Not Taken: In some cases, the money was never actually stolen; it was simply mismanaged or lost within a chaotic system. A thorough audit by our own expert can often reveal that no crime occurred at all.
False Accusations or Scapegoating
Sometimes, a person is charged with embezzlement because they are the most convenient target. A supervisor might blame a subordinate to cover their own tracks, or a political rival might use an accusation to damage a public official’s reputation.
- Another Person Was Responsible: Our investigation may reveal that another employee had access to the funds and a motive to steal. By creating reasonable doubt about who is truly responsible, we can defeat the charge against you.
- Motive to Lie: We can expose the motivations of the person accusing you. Do they have a personal grudge? Are they trying to avoid their own responsibility for poor oversight? Undermining the credibility of your accuser is a powerful strategy.
You Are Not a “Public Official” Under the Law
This is a more technical defense, but it can be effective. The state must prove you fit the specific legal definition of a person entrusted with public funds.
- Lack of Authority: We can argue that your job duties did not include the legal authority or responsibility for the safekeeping or transfer of the specific funds in question. If you were merely a low-level employee with limited access, you may not fit the profile required by the statute.
Minnesota Public Embezzlement FAQs — What You Need to Know Now
When you’re facing a charge this serious, your mind is racing with questions. Here are straightforward answers to some of the most common concerns I hear from clients in your position.
Will I definitely go to jail if convicted of embezzling public funds?
A felony conviction for this crime carries a high risk of jail or prison time, as judges view it as a serious breach of public trust. However, jail is not automatic. An aggressive defense that leads to a dismissal, an acquittal, or a favorable plea to a lesser charge can help you avoid incarceration entirely. My primary goal is always to keep you out of jail.
Can this charge be dismissed?
Yes. A dismissal is the best possible outcome, and it is always my primary goal. A case can be dismissed if we can show the prosecutor their evidence is too weak, if critical evidence is thrown out because of a constitutional violation, or by negotiating a resolution like a continuance for dismissal, where the charge is dropped after you meet certain conditions.
What if I intended to pay the money back?
The intent to return the money is not a legal defense to embezzlement. The crime is complete the moment the funds are fraudulently converted to your own use. However, the fact that you intended to (or did) pay the money back can be a powerful mitigating factor that I can use in negotiations with the prosecutor to argue for a much better outcome.
Is this different from regular felony theft?
Yes. While the conduct is similar, the charge of Embezzlement of Public Funds is specific to those in a position of public trust. It often carries a greater social stigma and can be prosecuted more aggressively because the victim is the public itself.
Do I need a lawyer for a public embezzlement charge in Minneapolis?
Absolutely, yes. This is a complex, document-heavy felony charge. An unrepresented person has virtually no chance against an experienced prosecutor from the Hennepin County Attorney’s Office. You need an attorney who can dissect financial records, challenge expert witnesses, and navigate the complexities of a white-collar criminal case.
What is the first thing I should do if I am being investigated?
You should politely refuse to answer any questions from investigators or auditors and state clearly, “I am exercising my right to remain silent and I want to speak with my lawyer.” Do not turn over any documents or try to explain yourself. You could easily say something that could be misinterpreted and used against you. Call me immediately.
What if my boss told me to make the transaction?
This could be a powerful defense. If you were acting on the orders of a superior, it can negate the element of criminal intent. We would need to gather evidence to support this, such as emails, memos, or testimony from other employees. It becomes a question of your word against theirs, which is why having an experienced lawyer is critical.
How will this charge affect my public pension?
A felony conviction related to your public employment can have devastating consequences for your pension. Minnesota law has provisions that can lead to the forfeiture of your pension benefits upon conviction for a crime like this. Protecting your pension is another critical reason to fight the charge aggressively.
What if I didn’t personally profit from the scheme?
This can be a strong defense. If you can show that the funds were moved for a purpose you believed was a legitimate public good, even if the procedure was wrong, it can help defeat the element of fraudulent intent. The lack of personal enrichment is a key fact we would highlight for the prosecutor and the jury.
What is a “forensic accountant”?
A forensic accountant is an accounting expert who specializes in analyzing financial records for legal cases. In an embezzlement case, I often hire a forensic accountant to conduct an independent audit of the government’s records. They can often find errors in the state’s analysis or prove that no money was actually stolen.
Can they freeze my bank accounts?
Yes. Under a separate statute, if the alleged loss is over $10,000, the prosecutor can get a court order to freeze your personal bank accounts, even before you are convicted. This is another reason to act quickly and hire an attorney who can fight to get your assets released.
What if the accounting system was impossible to use correctly?
This can be part of a “lack of intent” defense. If the financial systems you were forced to use were outdated, confusing, or prone to error, we can argue that any discrepancy was the result of the flawed system, not a criminal act on your part.
How long does a felony embezzlement conviction stay on my record?
A felony conviction is a permanent part of your public criminal record in Minnesota. While some crimes can be expunged, a conviction for a crime committed as a public official is often much more difficult, if not impossible, to clear. This makes winning the case upfront the only sure way to protect your record.
Will I be on the news?
Cases involving public officials and taxpayer money often attract media attention. This is another reason why it is so important to have a lawyer who can act as your spokesperson and manage the public narrative to protect your reputation as much as possible.
Is it too late to hire a lawyer if I’ve already been charged?
No, it is never too late. However, the sooner you hire an attorney, the better. An early start allows me to preserve evidence, interview witnesses while their memories are fresh, and engage with the prosecutor before their position becomes hardened.
The Lifelong Consequences of a Public Corruption Conviction
If you are convicted of embezzling public funds, the court’s sentence is only the beginning of your punishment. A felony conviction of this nature will follow you for the rest of your life, creating permanent barriers to your career, your finances, and your reputation in the community.
The End of Your Career in Public Service
A conviction for embezzling public funds is an absolute and permanent bar to any future career in government or public service. You will be seen as having committed the ultimate breach of trust, and no public agency will ever hire you again. The career you spent years building will be over in an instant.
Loss of Professional Licenses and Future Employment
Beyond public service, this conviction will make it nearly impossible to find work in any position of financial trust. If you have a professional license—as an accountant, financial advisor, or in another field—it will almost certainly be revoked. Background checks will reveal the conviction to any potential employer, making most white-collar jobs unattainable.
The Stigma and Shame in Your Community
This is not an anonymous crime. A conviction for stealing from the public brands you in your own community. Your name and your mugshot could be in the local news. You will be known as the person who betrayed the public trust. This social stigma can be incredibly painful and isolating for you and your family for years to come.
Permanent Loss of Civil Rights
As a convicted felon in Minnesota, you will lose the right to vote until you have completed your sentence, including any probation. More significantly, you will be permanently banned from ever owning or possessing a firearm or ammunition. This is a lifetime loss of a fundamental constitutional right.
Why You Need a Tough, Experienced Minnesota Embezzlement Attorney
When you are accused of violating the public trust, the full weight of the government is against you. The prosecutor, the investigators, and often public opinion are all lined up to secure a conviction. You cannot face this onslaught alone. A public defender may be a capable attorney, but they are often overwhelmed with massive caseloads, unable to dedicate the extensive time and resources that a complex financial case like yours requires. You need a private attorney who will make your case their top priority.
I Know How to Dissect a Financial Case
Embezzlement cases are won and lost in the documents. They require a lawyer who is not afraid to spend hundreds of hours digging through bank records, audit reports, accounting ledgers, and digital evidence. I have the experience and tenacity to conduct this deep-dive investigation. I will work with forensic accounting experts to find the errors and weaknesses in the state’s case and use them to build your defense.
A Proactive Defense Can Change the Outcome
The most critical time in a white-collar case is before charges are even filed, or in the very early stages. The moment you hire me, I will get to work. I can intervene with the investigators and the prosecutor to present your side of the story, provide exculpatory evidence, and demonstrate the flaws in their case. This early advocacy can sometimes persuade them to file lesser charges or, in some cases, to not file charges at all. You cannot afford to wait.
I Understand the Stakes for Your Career and Reputation
I know that this case is about more than just avoiding jail. It’s about saving your career, your reputation, your pension, and your future. My defense strategy is holistic, designed to protect every aspect of your life. I will fight not only in the courtroom but also work to manage the public narrative and protect your good name wherever possible. Your goals become my goals.
Building a Case Designed to Restore Your Life
My mission is to give you your life back. That may mean convincing the prosecutor to dismiss the charges. It may mean negotiating a resolution that avoids a felony conviction and keeps you out of jail. And if the state refuses to be reasonable, it means presenting a powerful, persuasive case to a jury, designed to win a full acquittal. I will prepare your case for trial from day one, so that we are always operating from a position of strength. You have one chance to fight this. You need an attorney who will make it count.