Criminal Law · crime
Embezzlement is the fraudulent appropriation of property that has been entrusted to a person’s care. It typically involves an individual misusing their position or authority to take or divert funds for their personal use.
The defendant must have had ownership, control or lawful possession of the property.
What to prove: Prosecutors must show that the defendant was entrusted with the property in question, whether through employment, fiduciary duties, or other lawful means.
The defendant must have acted with fraudulent intent to deprive the owner of the property.
What to prove: It must be demonstrated that the defendant intended to permanently deprive the owner of the property, not merely borrowed it without permission.
The defendant must have converted the property to their own use.
What to prove: Evidence must establish that the defendant took actions to use the property for personal benefit, rather than for its intended purpose.
The prosecution bears the burden of proof, and the standard is 'beyond a reasonable doubt'.
Embezzlement often appears on exams in the context of scenarios involving trusted employees or fiduciaries misusing funds; focus on intent and the nature of control.