The act of embezzlement is defined as “the crime of stealing funds or property of an employer, company or government” or the misappropriation of money or other financial assets previously held in trust by the accused individual. According to California Penal Code section 530, “embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted.” Basically, if an individual has been given access to funds or valuables of some kind, and chooses to use said funds or valuables so that he or she will personally benefit, then the crime of embezzlement may have taken place.
California Penal Code section 504(a) states:
Every person who shall fraudulently remove, conceal or dispose of any goods…leased or let to him by any instrument in writing, or any personal property or effects of another in his possession, under a contract to purchase not yet fulfilled, and any person in possession of such goods…knowing them to be subject to such lease or contract of purchase who shall so remove, conceal or dispose of the same with intent to injure or defraud the lessor or owner thereof, is guilty of embezzlement.
California Penal Code states that there are various criteria associated with the act of embezzlement, namely:
- The actual act of taking is not necessarily required to constitute embezzlement
- “Any evidence of debt, negotiable by delivery only, and actually executed, is the subject of embezzlement, whether it has been delivered or issued as a valid instrument or not.”
- Whether or not the accused intended to restore the goods embezzled is inconsequential if the goods have yet to be restored at the time charges were brought against the accused.
According to California Penal Code section 514, an individual “guilty of embezzlement is punishable in the manner prescribed for theft of property of the value or kind embezzled.” Furthermore, if the act of embezzlement is made against the United States government, “the offense is a felony, and is punishable by imprisonment in the state prison.” Fortunately, when it comes to white collar crimes such as embezzlement, evidence of actual wrong doing can often be difficult to come by.
If you’ve been accused of embezzlement in Southern California, please contact Newport Beach embezzlement defense attorney Maltaise Cini today for more information about your defense. Please call (949) 660-1389 to retain the services of an experienced Newport Beach defense attorney.