What elements must be established to prove embezzlement?

What elements must be established to prove embezzlement?

| Mar 28, 2017 | Embezzlement, Firm News

The term “embezzlement” is likely to bring immediate thoughts of greed and shady financial practices. The term itself even has a sharp, stinging phonetic tone. Embezzlement is a criminal charge that relates to the theft of financial assets for which an individual is responsible. For the most part, embezzlement is a charge that relates to business professionals, executives and corporate workers, though it can be applied in other contexts as well.

But how is an embezzlement case proven? What factors are considered by the courts to substantiate such a claim? Here are the four critical hurdles that any embezzlement case must clear to prove their side of the case:

  • A fiduciary relationship is necessary between the two parties involved. A fiduciary relationship implies that one party relied on or had special trust in the other party.
  • The defendant in the embezzlement case must have acquired the allegedly embezzled assets through the relationship. If they were acquired through other means, the embezzlement case has no standing.
  • The defendant in the embezzlement case must have taken official ownership of the assets, or passed them along to another person.
  • The defendant must have committed the embezzlement intentionally.

If any of these points can’t be proven by the prosecution, then the case against the defendant could collapse. In any case, though, it is imperative for someone accused of embezzlement to have experienced legal counsel on their side. Get in touch with an attorney today if these serious charges have been filed against you.

Source: FindLaw, “Embezzlement,” Accessed March 28, 2017

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