{"id":12907,"date":"2018-02-02T02:39:40","date_gmt":"2018-02-02T02:39:40","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=12907"},"modified":"2018-02-08T04:54:49","modified_gmt":"2018-02-08T04:54:49","slug":"embezzlement-the-fraudulent-taking-of-personal-property-with-which-one-has-been-entrusted-especially-as-a-fiduciary","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=12907","title":{"rendered":"Embezzlement – fraudulent taking of personal property to which one is entrusted, especially as a fiduciary"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Criminal Law Self-Help Walkthrough<\/a> >>>> Types of Crimes and Corresponding Laws<\/a> >>>> Fraud<\/a>:
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embezzlement<\/span>:<\/span><\/span><\/strong>
\nn. (15c)<\/span><\/p>\n

1. The fraudulent taking of<\/span> personal property<\/a> with which one has been entrusted, especially as a<\/span> fiduciary<\/a>.\u00a0 *\u00a0 The criminal intent for embezzlement \u2014 unlike<\/span> larceny<\/a> and false pretenses \u2014 arises after taking<\/span> possession<\/a> (not before or during the taking).<\/span><\/strong> \u2014 aka<\/span> defalcation<\/strong><\/em><\/span>; peculation<\/strong><\/em><\/span>.\u00a0 \u2014 embezzle<\/strong><\/em><\/span>, v<\/em>. \u2014 embezzler<\/strong><\/em><\/span>, n.<\/em> [1]<\/span><\/p>\n

1. A statutory offense, not a common law crime; the fraudulent appropriation or conversion by an agent, an employee, a corporate officer,<\/span> a trustee<\/a>, a public officer, or other person acting in a<\/span> fiduciary<\/a> capacity or character, of money or<\/span> property<\/a>, the<\/span> possession<\/a> of which has been entrusted to him by another<\/span>. 18 Am J1st Embez \u00a7 2<\/span>. The word includes misappropriation of trifling sums, made with intent to restore in due tim<\/span>e, and with ample present and prospective ability to restore.<\/span> United States v Summers<\/em> (DC Va) 19 F 627<\/span>.\u00a0 In statutes imposing a double liability in damages for the \u201cembezzlement\u201d of property of a decedent prior to the granting of letters testamentary or letters of administration, the term means the fraudulent appropriation or concealment to one\u2019s own use of estate <\/span><\/span>property in one\u2019s<\/span> possession<\/a>. Anno: 29 ALR2d 256<\/span>.<\/strong> [2]<\/span><\/p>\n

1. The fraudulent conversion<\/a> of<\/span> property<\/a>, including but not limited to money, with which a person (EXAMPLES: an employee; a bailee; a<\/span> trustee<\/a>) has been entrusted.<\/span><\/strong> [3]<\/span><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Rollin M. Perkings & Ronald N. Boyce’s<\/span> Criminal Law<\/em><\/a> (3d ed. 1982):<\/span><\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 “Embezzlement is not a common-law crime.\u00a0 It is the result of legislative efforts to make provision for an unreasonable gap which appeared in the law of larceny<\/a> as it developed.\u00a0 Under the early English statute embezzlement was made a misdemeanor, but under most modern American statutes it is either a felony or a misdemeanor depending upon the value of the property converted.<\/span>“<\/span><\/strong> [4]<\/span><\/p>\n

Essential Elements of Conversion:<\/span><\/strong><\/p>\n

fraudulent conversion<\/span><\/a> – an essential element of the crime of embezzlement, an appropriation of money or other property to one\u2019s personal use after obtaining lawful possession of it, or of using it for the benefit of anyone other than its owner.<\/span><\/strong><\/p>\n

Various Types of Embezzlement:<\/span><\/strong><\/p>\n

embezzlement by agent<\/span> – The crime of embezzlement committed by one in possession of the converted or misappropriated property by virtue of his employment by a principal and the delegation of authority to do something in the name and stead of such principal. 26 Am J2d Embez \u00a726<\/span>.<\/span><\/strong><\/p>\n

embezzlement by bailee<\/span> – The offense of embezzlement committed by one in possession of the converted or misappropriated property as bailee. Although the hirer of property has been held not to be within a statute of embezzlement which includes \u201cany bailee or other agent,\u201d it has also been held that a statute making it a crime for any carrier, bailee, or other person to embezzle or convert to his own use property delivered to him, is not confined to bailments for the sole benefit of the bailor, but extends to the bailee of an automobile <\/span>under a hiring agreement, who fails to return the automobile. 26 Am J2d Embez \u00a7 24<\/span>.<\/span><\/strong><\/p>\n

embezzlement by employee<\/span> – The criminal offense of embezzlement committed by a person who is in the employ of another and who, in the discharge of his duties, is subject to the immediate control and direction of his employer. 26 Am J2d Embez\u00a0 \u00a7 25<\/span>.<\/span><\/strong><\/p>\n

embezzlement by fiduciary<\/span> – The crime of embezzlement committed by an executor, administrator, guardian, or broker. 26 Am J2d Embez \u00a7 31<\/span>.\u00a0 A statute detining embezzlement by a \u201ctrustee or factor, carrier or bailee,” applies to trustees, factors, carriers, or bailees for artificial persons as well as private persons. Anno: 41 ALR 474<\/span>.<\/strong> [2]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/span><\/strong>with Pronunciations
\n<\/span><\/em>Third Edition<\/span><\/strong><\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal Assistant Edition<\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[4]: Rollin M. Perkings & Ronald N. Boyce, Criminal Law<\/em><\/a> 351 (3d ed. 1982)<\/span><\/strong><\/p>\n

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