Embezzlement
Criminal Law: Crimes Against Property Embezzlement
Introduction to Embezzlement
In general, embezzlement occurs when a person who has lawful possession of another’s money or property fraudulently converts that money or property. In other words, the wrongdoer, often an employee, trustee, fiduciary, or agent, acquires possession of the property lawfully and then converts the property to his or her own use. The principal distinction between embezzlement and larceny is that in instances of embezzlement, the property is already in the embezzler’s possession. In instances of larceny, the property is in another’s possession. A less important distinction is that larceny requires only a slight movement of the property, but embezzlement requires a conversion of the property-such as the sale of embezzled property or the spending of embezzled money.
For a conversion to constitute embezzlement, the wrongdoer must intend to defraud the rightful owner of the property. Innocent conversions do not qualify, as when a person honestly believes he or she has a right to convert another’s property.” (1)
Resources
Notes and References
- Information about Embezzlement in the Encarta Online Encyclopedia
Guide to Embezzlement
In this Section
Crimes Against Property (including Larceny, Embezzlement, False Pretenses, Property Robbery, Extortion, Receiving Stolen Property and Forgery) and Crimes Against the Habitation (Arson and Burglary).
Introduction to Embezzlement
Embezzlement, the wrongful taking and using of property by a person who has been entrusted with it. Embezzlement differs from larceny in that the property wrongfully appropriated has been in the lawful care of the embezzler, as for example in the case of the legal guardian who takes for his or her own use money that has been entrusted to him or her. Today embezzlement is classified as a felony under federal law and under the laws of most states of the U.S.” (1)
Resources
Notes and References
- Information about Embezzlement in the Encarta Online Encyclopedia
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