Embezzlement is a crime involving fraudulent misappropriation of assets by a person, like an employee, to whom the assets have been entrusted. In the U.S., embezzlement is a statutory offense since the definition of the crime varies from statute to statute. Statutes governing the offense differ throughout the states. To know what elements comprise the offense, it is necessary to examine the particular statute applicable.
Evan Granowitz. Image credit: Granowitz.law.blog |
The most common elements of embezzlement are the following:
1. The property or asset must be owned by a person other than the accused. For instance, an employer or principal.
Evan Granowitz. Image credit: Txchared.com |
Atty. Evan Granowitz is one of the lawyers at Wolf Group L.A. He specializes in business torts, contract disputes, and insurance coverage disputes.
2. The property or asset must be converted subsequent to the defendant's original and lawful possession of it. Conversion happens when there’s unauthorized use or control of someone else's wealth.
3. The accused must be in a position of trust so that the property is held by him following a fiduciary duty, an obligation entrusted to someone when he agrees to act as an agent on another person’s behalf.
4. The intent to defraud the property owner at the time of the conversion is evident.
Evan Granowitz. Image credit: WolfGroupLA.com |
Atty. Evan Granowitz is a recipient of the American Jurisprudence Award for his scholastic performance in contracts, and the Prosser Prize for his academic performance in corporate law. Know more about his expertise at www.wolfgroupla.com.
No comments:
Post a Comment