Also known as: imbezzles · imbezzled · imbezzling · imbezzlement · embezzle · embezzlement
Written by attorneys · grounded in primary & secondary sources — see below
To commit a criminal act in which a person who lawfully holds property belonging to another intentionally converts it to his own use with fraudulent intent. The conversion occurs while the defendant remains in lawful possession rather than through an initial trespassory taking. No physical carrying away of the property is required.
Imran Iyer worked as a bank teller with authority to receive customer deposits. After accepting cash from several depositors he placed the funds in his own account instead of the bank's. Because Iyer held the money lawfully at the moment of receipt his later personal use constituted embezzlement rather than larceny.
Isaac Irving managed a retail store and closed the registers each night. Over several weeks he removed cash from the drawers after counting but before depositing the funds. His lawful custody of the money at closing allowed the subsequent personal appropriation to qualify as embezzlement.
Iris Irons served as in-house accountant for Indigo Textiles and controlled the company's operating account. She transferred corporate funds to a personal account she controlled to cover personal expenses. Because she held the funds under her employment authority the transfers amounted to embezzlement.
Select any source to read its text and confirm it supports the definition.
Ivan Ivanov supervised a warehouse for Inertia Dynamics and had authority to release goods to verified buyers. He sold several pallets of company stock to an unapproved purchaser and kept the proceeds. His initial lawful control of the inventory made the later sale embezzlement.
Isla Ireland managed the office for Ironclad Industries and maintained the petty cash drawer for legitimate expenses. She repeatedly withdrew cash for personal purchases while recording the withdrawals as business costs. Her lawful possession of the funds at the time of each withdrawal supported an embezzlement charge.
Isabelle Inman served as treasurer for a small nonprofit and held authority over its checking account. She wrote checks to herself labeled as loans and spent the money on personal items without board approval. Because she began with lawful possession the unauthorized spending constituted embezzlement.
Embezzlement requires that the defendant initially acquire or hold the property lawfully and then convert it while still in lawful possession. Larceny instead requires a trespassory taking at the moment of acquisition from someone with a superior right of possession.
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Conversion occurs when the defendant deals with the property in a manner that conflicts with the trust arrangement or authority under which he holds it. No physical movement or carrying away of the property is required.
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Yes. The defendant must act with an intent to defraud that is functionally equivalent to larceny's specific intent to permanently deprive the owner. An intent to return the exact same property negates embezzlement while an intent to return only similar property satisfies the element.
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No. Traditional embezzlement statutes often applied only to property that may be subject to larceny. Real property and services therefore do not qualify.
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Yes. Embezzlement does not occur when the defendant converts the property under a bona fide claim of right such as retaining it as payment for a debt he honestly believes the owner owes him. Open and undisguised retention supports the existence of such a claim.
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…to render plain and certain every constituent of the offense"); United States v. Woodruff , 68 F. 536, 538 (Kan. 1895) (where embezzlement statute "contemplates that there should be an ascertainment of the exact sum for which a fine may be imposed" and jury did not determine amount, judge lacked authority to impose fine; "[o]n…