What constitutes embezzlement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constitutes embezzlement?
I have a small business with a 50% partner. We closed a deal localy and took a down payment but the check was payable to my partner and not the company; he put it into his own pocket. The company received no money from the down but all subsequent checks have been made out to the company. I would like to know if this act constitutes embezzelment or any other criminal act?
Asked on January 4, 2012 under Criminal Law, Nevada
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your partner's act of keeping the check which should have gone to the company is embezzlement.
Embezzlement is the fraudulent appropriation to his own use or benefit of property or money entrusted to him by another, by a clerk, agent, trustee, public officer or other person acting in a fiduciary character. Embezzlement is the fraudulent appropriation of property (money) by a person to whom it has been intrusted or to whose hands it has lawfully come.
Embezzlement occurs when there is a fraudulent appropriation of property (money) due to one's employment. Your partner rightfully received the money because he is a partner in the business, but then misappropriated it which constitutes embezzlement.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.