Embezzlement Defense Lawyers in Los Angeles

What Is Embezzlement? California law defines embezzlement as the “fraudulent appropriation of property by a person to whom it has been entrusted.” (Pen. Code, § 503; People v. Floyd (1926) 78 Cal.App. 11 [247 P. 917].)

Unlike other forms of theft, the defendant obtains possession of property lawfully and forms an intent to steal after that possession has occurred. (People v. Swanson (1959) 174 Cal.App.2d 453 [344 P.2d 832].)The offense has been judicially defined broadly to include the diversion of property from the purpose for which it was entrusted to another use by the person to whom it was entrusted. (People v. Shearer (1904) 143 Cal. 66 [76 P. 813]; People v. Jackson (1987) 193 Cal.App.3d 393 [238 Cal.Rptr. 327].)Separate statutes have specifically enumerated trust relationships included within the ambit of the prohibition. (See Pen. Code, § 504 et seq., including personal property under lease or purchase contract (§ 504a); sale of property which is security for a debt (§ 504b); property held by a transport carrier (§ 505); property held by a banker, merchant, broker, attorney, agent, or assignee in trust (§ 506); delinquent account collectors (§ 506a); property held pursuant to real property sales contracts (§ 506b); property entrusted to bailees, tenants, lodgers, or with power of attorney (§ 507); clerks, agents, or servants (§ 508).

What Are Elements of Embezzlement? Embezzlement includes the following elements: (1) the property embezzled belongs to the victim, and (2) at the time of the embezzlement is in the lawful possession of the defendant, who (3) was acting as agent, bailee, trustee, servant, or employee of the victim, and who (4) diverted or appropriated the property in violation of a trust or fiduciary obligation with (5) the intent to unlawfully deprive the victim of the property or preclude use for its intended purpose.