[Maggie29ia]

My question involves criminal law for the state of: Iowa

According to what I can find about statute of Limitations for embezzlement felonies in Iowa it says something to the effect of "extention of up to 3 years" but I don't know exactly what that means. Is it three years or 3 more years on top of some unknown number?

Also, what was the Discovery Rule mean exactly? My employer knows about my embezzlement and has decided not to file charges, is the date that the employer found out about the embezzlement when the discovery rule takes effect or is it when the justice system finds out about the embezzlement?

I have paid back what I embezzled according to my employer's audit and they are satisfied with that settlement and only asked me to get therapy for my addiction that caused the embezzlement. I just want to know if the embezzlement statute of limitations will run out in three years from the employer's discovery?

Thank you.

[Mr. Knowitall]

Discovery relates to the victim.

As you didn't bother to post statute numbers or language, despite having that information to share, I'm not going to track down the statutes and read them. If you're talking about a tolling provision, you can expect the three years to be on top of the regular statute of limitations. A discovery rule relates to when the victim learns of the crime, not when the crime is reported to the police.

[Maggie29ia]

My question involves criminal law for the state of: Iowa

Code Section 802.1, et seq.
Felonies 1st and 2nd degree murder: none; others: 3 yrs.; 1st, 2nd, 3rd degree sex abuse committed on or with a person under 18: within 10 yrs. after victim turns 18; other 1st, 2nd, 3rd degree sex abuse: 10 yrs; incest with person under 18: within 10 yrs. after victim turns 18; sexual exploitation by counselor or therapist: 10 yrs., unless victim under 18 yrs., then 10 yrs. after victim turns 18; fraud or breach of fiduciary duty: extension up to 3 yrs.
Misdemeanors Serious misdemeanor: 3 yrs.; simple misdemeanor or violation of ordinances: 1 yr.

Thanks for answering my question regarding the Discovery Rule and I apologize about not giving enough information for the other part of the question regarding the statute of limitations regarding a felony embezzlement. According to the code above would it fall under "fraud or breach of fiduciary duty?" and how do I interpret the extension part?

So how many years for the statute? Thanks for all your help.

[BOR]

714.2 Degrees of theft.
1. The theft of property exceeding ten thousand dollars in value, or the theft of property from the person of another, or from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing, or the proximity of battle, or the theft of property which has been removed from a building because of a physical disaster, riot, bombing, or the proximity of battle, is theft in the first degree. Theft in the first degree is a class "C" felony.

2. The theft of property exceeding one thousand dollars but not exceeding ten thousand dollars in value or theft of a motor vehicle as defined in chapter 321 not exceeding ten thousand dollars in value, is theft in the second degree. Theft in the second degree is a class "D" felony. However, for purposes of this subsection, "motor vehicle" does not include a motorized bicycle as defined in section 321.1, subsection 40, paragraph "b".

3. The theft of property exceeding five hundred dollars but not exceeding one thousand dollars in value, or the theft of any property not exceeding five hundred dollars in value by one who has before been twice convicted of theft, is theft in the third degree. Theft in the third degree is an aggravated misdemeanor.

4. The theft of property exceeding two hundred dollars in value but not exceeding five hundred dollars in value is theft in the fourth degree. Theft in the fourth degree is a serious misdemeanor.


802.5 Extension for fraud, fiduciary breach.
If the period prescribed in sections 802.3 and 802.4 has expired, prosecution may nevertheless be commenced for any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has legal duty to represent an aggrieved party and who is not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years.


I could not find a section specifically titled "Embezzlement" so theft is cited.


It is "highly doubtful" you were in a "Fiduciary" relationship with your employer.


Do you see any element here to indicate fraud for what you exactly did?

http://www.legis.state.ia.us/IACODE/2001/714/8.html

If not, 3 years is the SOL then to commence a prosecution.

[Maggie29ia]

Thank you for the information! So if the aggrieved are aware of the embezzlement or fraud the clock has started on the statute of limitations and should not exceed three years on a class "C" theft from the point that they were aware?

[BOR]

Thank you for the information! So if the aggrieved are aware of the embezzlement or fraud the clock has started on the statute of limitations and should not exceed three years on a class "C" theft from the point that they were aware?

The SOL applies to a commencement of prosecution. You previously stated:

Also, what was the Discovery Rule mean exactly? My employer knows about my embezzlement and has decided not to file charges, is the date that the employer found out about the embezzlement when the discovery rule takes effect or is it when the justice system finds out about the embezzlement?

There is no provision in the theft statute for such "until the crime is discovered", although some crimes do in fact contain such language.

The SOL starts when the crime was committed.

[BOR]

Maggie, I had to go the law library anyway so I looked up a relevant case for you. Luckily it was online so I did not have to chop post it.



See especially page 10 on the counter:

...We are satisfied that the discovery rule here should include a probable cause element and a due or reasonable diligence requirement. We therefore hold that “discovery” for purposes of section 802.5 occurs when the authorities know or should know in the exercise of reasonable diligence that there is probable cause to believe a criminal fraud has been committed..



http://www.iowa-icaa.com/iowa/Cases/1998/wilson.pdf


The ex employer knows about it, as you say, so even if considered fraud, 3 years apply, no extension.