Embezzlement

Embezzlement refers to the illegal transfer of money or property, usually by an employee in a position of trust/responsibility or a business owner, for personal use. This is a white collar theft crime which is most often perpetrated in a business environment or financial setting. Penalties for embezzlement will vary from state to state and will depend upon the amount of money or value of property which was taken.

Embezzlement is also referred to as employee theft, employee fraud or stealing from an employer.

What constitutes embezzlement?

There are a few elements to consider when discussing the crime of embezzlement:

• The property (money, goods, etc.) belong to someone other than the defendant;
• The property was moved, transferred or converted to be in the possession or control of the defendant;
• The defendant was in a position of trust or authority over said property; and
• The defendant had the intent of committing fraud or theft at the time that the property was converted.

Intent is a particularly important part of any embezzlement case. The defendant must have acted intentionally or willfully to assume ownership of the money or goods, in violation of his or her duty to the rightful owner. Because the defendant had a duty to use or manage the property in a certain way, any willful deviation from this may be considered embezzlement, as long as it is committed without the owner's consent. Most of the time, however, embezzlement is carried out for personal financial gain.

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