Embezzlement in United States
Embezzlement Definition
The wrongful and fraudulent appropriation of property to his own use by one to whom it has been entrusted by or for the owner. A breach of trust is the essence of the offense. To constitute embezzlement, the person appropriating the property must hold a relation of trust towards the owner, by virtue of which he had possession of such property. 31 Cal. 108; 68 Iowa, 593; 110 Mo. 209. The appropriation must be with fraudulent intent, and by this embezzlement is distinguished from mere tortious conversion. 82 111. 425; 78 Ga. 340; 62 Mich. 276; 50 N. J. Law, 475. The offense is a purely statutory one, and by many of the statutes is denominated larceny, but it is commonly known as embezzlement, and is distinct from larceny at common law, one of the essentials of which was a wrongful taking from the possession of the owner.
Embezzlement in Foreign Legal Encyclopedias
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Embezzlement | Embezzlement in the World Legal Encyclopedia. |
Embezzlement | Embezzlement in the European Legal Encyclopedia. |
Embezzlement | Embezzlement in the Asian Legal Encyclopedia. |
Embezzlement | Embezzlement in the UK Legal Encyclopedia. |
Embezzlement | Embezzlement in the Australian Legal Encyclopedia. |
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Browse the American Encyclopedia of Law for Embezzlement
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Embezzlement | Embezzlement in the Family Law Portal of the American Encyclopedia of Law. |
Embezzlement | Embezzlement in the IP Portal of the American Encyclopedia of Law. |
Embezzlement | Embezzlement in the Commercial Law Portal of the American Encyclopedia of Law. |
Embezzlement | Embezzlement in the Criminal Law Portal of the American Encyclopedia of Law. |
Embezzlement | Embezzlement in the Antritrust Portal of the American Encyclopedia of Law. |
Embezzlement | Embezzlement in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
Embezzlement | Embezzlement in the Constitutional Law Portal of the American Encyclopedia of Law. |
Embezzlement | Embezzlement in the Tax Law Portal of the American Encyclopedia of Law. |
Embezzlement | Embezzlement in the and Finance and Banking Portal of the American Encyclopedia of Law. |
Embezzlement | Embezzlement in the Employment and Labor Portal of the American Encyclopedia of Law. |
Embezzlement | Embezzlement in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
Embezzlement | Embezzlement in the Environmental Law Portal of the American Encyclopedia of Law. |
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Embezzlement in the Dictionaries | Embezzlement in our legal dictionaries |
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Embezzlement related entries | Find related entries of Embezzlement |
Legal Issue for Attorneys
The wrongful and fraudulent appropriation of property to his own use by one to whom it has been entrusted by or for the owner. A breach of trust is the essence of the offense. To constitute embezzlement, the person appropriating the property must hold a relation of trust towards the owner, by virtue of which he had possession of such property. 31 Cal. 108; 68 Iowa, 593; 110 Mo. 209. The appropriation must be with fraudulent intent, and by this embezzlement is distinguished from mere tortious conversion. 82 111. 425; 78 Ga. 340; 62 Mich. 276; 50 N. J. Law, 475. The offense is a purely statutory one, and by many of the statutes is denominated larceny, but it is commonly known as embezzlement, and is distinct from larceny at common law, one of the essentials of which was a wrongful taking from the possession of the owner.
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Notice
This definition of Embezzlement is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.
Practical Information
Note: Some of this information was last updated in 1982
The fraudulent appropriation of property or money by a person to whom it has been entrusted lawfully. In embezzlement the original taking of the property was lawful or with the consent of the owner; in larceny (in U.S. law) the felonious intent must have existed at the time of the taking.
What is Embezzlement?
For a meaning of it, read Embezzlement in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Embezzlement.
Embezzlement (Employee Fraud)
This section introduces, discusses and describes the basics of embezzlement. Then, cross references and a brief overview about Employee Fraud is provided. Finally, the subject of Criminal Offenses in relation with embezzlement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Embezzlement (Nondischarge of Individual Debts)
This section introduces, discusses and describes the basics of embezzlement. Then, cross references and a brief overview about Nondischarge of Individual Debts is provided. Finally, the subject of Discharges in relation with embezzlement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Resources
See Also
Fiduciary; Fraud; Joint Tenancy; Larceny; Tenancy in Common.
Further Reading (Articles)
Embezzlement: A sad reality, Vermont Business Magazine; July 1, 2004; Brush, Cassandra Hemenway
Campaign Embezzlement A Quiet Crime., National Journal; December 18, 2009; Jerome, Sara
Preventing and Investigating Fraud, Embezzlement, and Charitable Asset Diversion: What’s A Nonprofit Board to Do?, Mondaq Business Briefing; March 26, 2014; Loya Edward, Jr.
EMBEZZLEMENT: A Crime of Opportunity, The Dental Assistant; July 1, 2006; Anonymous
Laurel Police Dept. finds embezzlement on the rise — Thefts involve goods, cash, credit card info, The Commercial Appeal (Memphis, TN); October 11, 2009
How to Handle Embezzlement in a Family-Owned Restaurant Business, Restaurant Hospitality (Online Exclusive); June 5, 2013
Steps to Minimizing Practice Embezzlement, Dermatology Times; November 1, 2003; Baum, Neil
Preventing Fraud and Embezzlement in Your Nonprofit Organization, Mondaq Business Briefing; November 8, 2013; Devaney, William
Embezzlement Plagues Many Churches; Trust, Lack of Oversight Leave Nonprofits Vulnerable to Theft, Experts Say, The Washington Post; February 12, 2005; Bob Smietana
Preventing Corporate Embezzlement.(Brief Article)(Book Review), Security Management; March 1, 2005
Dallas Mining Firm Alleges Embezzlement., Knight Ridder/Tribune Business News; March 28, 2002
‘MPs not satisfied with official reports on embezzlement case’., Mehr News Agency (MNA); September 18, 2011
Beating embezzlement. (how to minimize your risk of fraud), Association Management; December 1, 1991; Lang, Andrew S.
Stop, thief: are your employees robbing you blind?(embezzlement in small business), Entrepreneur; January 1, 1996; Singer, Terri
Professional pickpockets: protecting your company from embezzlement. (Legal Briefs)., Utah Business; May 1, 2003; Spendlove, Gretta
Experts Emphasize Proactive Measures to Prevent Workplace Embezzlement., Knight Ridder/Tribune Business News; March 4, 2004
Harel: Insurance covers embezzlement loss: Preliminary estimate: NIS 120 million was embezzled., Globes; April 19, 2007
Legal update: embezzlement; How to prevent it–and steps you can take when it happens.(Finance/Legal), Detroiter; December 1, 2003; Gordner, Michael H.
Harel Investment House CFO suspected of NIS 60m fraud: The embezzlement is believed to have been carried out by Guy Vaisman through investment loans., Globes; April 16, 2007
Social service figure charged; Embezzlement is suspected.(NEWS), Star Tribune (Minneapolis, MN); February 4, 2004; Chanen, David
Embezzlement in the Criminal Justice System
This section covers the topics below related with Embezzlement :
Crime
Property Crime in relation with Embezzlement
White Collar Crime
Crime
Public Order Offenses
Money Laund
ering
Resources
See Also
- Crime
- Property Crime
- White Collar Crime
- Crime
- Public Order Offenses
- Money Laundering