What constitutes embezzlement?

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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 9 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.


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