Fraudulent Conversion – an essential element of the crime of embezzlement: appropriation of money or other property to one’s personal use after obtaining lawful possession of it, or using it for the benefit of anyone other than its owner

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fraudulent conversion:

1. Conversion that is committed by the use of fraud, either in obtaining the property or in withholding it. [1]

1. An essential element of the crime of embezzlement, which may consist either of an appropriation of the money or other personal property to the personal use of the accused, that is, of his disposition of it for his own personal benefit and his own private business, or in putting it to some other use than a proper discharge of the trust imposed, or after obtaining lawful possession, in failing to account for or pay over on proper or lawful demand. Blake v State, 12 Okla Crim 549, 160 P 30.

A conversion by a fiduciary made with intent to deprive the beneficiary of the money permanently, or at least until restoration should be compelled. United States v Summers (DC Va) 19 F 2d 627. [2]

1. An essential element of the crime of embezzlement, consisting either of an appropriation of money or other property to one’s personal use after obtaining lawful possession of it, or of using it for the benefit of anyone other than its owner.
     See conversion. [3]

References:

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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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