Embezzlement

Question 1

What is embezzlement?

Answer 1

Embezzlement is the fraudulent conversion of the personal property of another by one who is already in lawful possession of it.

Question 2

What is required for embezzlement to occur?

Answer 2

Embezzlement requires the defendant to have already actual or constructive possession of the property.

Question 3

What does possession require in the context of embezzlement?

Answer 3

Possession requires the defendant to have authority to exercise control over the property based on being in a position of trust with respect to the property.