There are many more ways to embezzle money as well. For a charge of embezzlemen t to stick, the prosecutor must prove four different elements: The existence of a fiduciary relationship between the two parties (the defendant, the one charged with embezzlement, must be responsible for the property of the other person).
Embezzlement is an example of fraud, a white-collar crime which consists of a theft by a person who is responsible for the assets of another person or entity. The crime is more common in banking or retail industries, but employees in any type of business can misappropriate money.
If you have been charged with this type of theft, you may want to speak to an experienced criminal defense attorney who can help you fight the charge. A conviction has severe consequences, and without taking appropriate action, you could lose your professional license or suffer other results of such an accusation.
It is easy to accuse an employee of embezzlement, but proving all four elements of the crime can be much more difficult. The prosecution has the burden of proof. Penalties for embezzlement largely depend on the amount stolen.
Plaintiffs can pursue embezzlement through civil court as well as criminal court. An employer can sue an employee to get restitution, but the state can also prosecute the case. Embezzlement is a serious crime.
The main elements of embezzlement are: · A criminal intent; · Fraudulent conversion of a property; and. · Failure to pay over money. Even though the statutes defining embezzlement do not make criminal intent essential, it is an essential element nonetheless.
Embezzlement is a crime involving fraudulent misappropriation of assets by a person or persons to whom it had been entrusted. It is a fraudulent conversion of property that legally came to the hands of a defendant pursuant to a fiduciary relationship.
Conversion occurs when a person entrusted with another’s property, treats that property as his/her own and uses it for their own purpose. Embezzlement occurs when a person comes into lawful possession of another’s property and later fraudulently converts the property to his/her use. [iii]
The crime of embezzlement and the crimes of money laundering have no inherent connection. They are separate offenses and not part of one continuous offense [vii].
a prosecutor must establish that the directors had criminal intent.
a prosecutor need only establish that the corporation committed a crime.
prohibits the transfer of copyrighted material worth over $1,000 over the Internet.
a. a prosecutor need only establish that the corporation committed a crime.