Embezzlement

Question 1

What is embezzlement

Answer 1

Unlawful conversion of the tangible personal property of another already in D’s lawful possession with the intent to permanently deprive

Question 2

What is unlawful conversion

Answer 2

Transforming someone else’s property to one’s own

Question 3

What is required to establish unlawful conversion?

Answer 3

D must commit some action towards the property that seriously interferes with the owner’s rights, including selling, consuming, damaging or claiming title to the property

Question 4

How may fraudulent intent to steal be negated for purposes of embezzlement liability?

Answer 4

Specific fraudulent intent to steal can be negated by D’s honest belief that they have the right to the property