If someone takes out a loan and doesn’t pay, can they be charged with embezzlement?

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If someone takes out a loan and doesn’t pay, can they be charged with embezzlement?

My friend was just charged with this and I though you could only be charged with embezzlement if you steal. I understand the loan wasn’t paid but I thought embezzlement ment stealing from the company you work for.

Asked on December 1, 2011 under Criminal Law, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If someone takes out a loan for a particular item and never made any payments under the loan, then there is the possibility that you can be subject to a legal action for fraud or embezzlement. If this happens to be your situation, I suggest that you consult with a criminal defense attorney as to the best way to defend the charges against you.

In a nutshell, embezzlement is the taking of money from someone known to the accused through false pretenses and/or through clandestine methods.

Obtaining a loan and not making any payments under it could very well fall within the criminal definition of embezzlement concerning the statute you are charged with violating.


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