Often times trust is issued to one party, and then rescinded later on for reasons that may not be clear. Accusations can be made, and reputations can be ruined. Embezzlement, simply defined as the “fraudulent conversion of property of another by a person in lawful possession of the property,” is an offense that is not easily refuted.
California Penal Code is very clear in its definition of and punishment for embezzlement:
- 503: Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted
- 504: Every officer of this state, or of any county, city, city and county, or other municipal corporation or subdivision thereof, and every deputy, clerk, or servant of that officer, and every officer, director, trustee, clerk, servant, or agent of any association, society, or corporation (public or private), who fraudulently appropriates to any use or purpose not in the due and lawful execution of that person’s trust, any property in his or her possession or under his or her control by virtue of that trust, or secretes it with a fraudulent intent to appropriate it to that use or purpose, is guilty of embezzlement
When funding or property in entrusted to a person other than the owner of that funding or property, it is the responsibility of that person to take proper care of said funding and property according to the instruction of the owner. If the entrusted person chooses to do otherwise, and makes use of another’s goods without consent, then that person is essentially stealing, or, in this case, embezzling. However, embezzlement can often be argued as one person’s word against another’s, and, provided there is not admission of guilt, the accused party may be able to avoid prosecution.
California Penal Code also states that:
- 512: The fact that the accused intended to restore the property embezzled, is no ground of defense or mitigation of punishment, if it has not been restored before an information has been laid before a magistrate, or an indictment found by a grand jury, charging the commission of the offense
The act of intending to replace embezzled goods is in and of itself an admission that wrong doing took place in the first place. At The Law Offices of Lawrence Wolf, our skilled Los Angeles embezzlement defense attorneys will sort through the details of your case to ensure that the proper defense is mounted to prove your innocence. Please call us today for a free consultation, and our lawyers will help clear your good name.
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