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Embezzlement typically occurs in the employment and corporate settings and can be punished by imprisonment and other remedies, such as an order of restitution. In most cases of embezzlement, there has been a breach of trust in one of the many agency relationships that are oftentimes created in the business environment. There is also a “knowledge” factor involved with this crime. That is to say that one engaging in this crime knows that he or she is taking something that belongs to his or her employer.

Proving embezzlement in a court of law, one must establish the following elements:

There was a trust relationship between the plaintiff and the defendant, usually the employer and employee.The money or property came into the care of the defendant by way of his or her employment.The defendants dealing with the property was fraudulently converted or misappropriated for own use.The defendant acted with the intent to deprive the plaintiff of this property.

California Penal Code 503

Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted.

More else embezzlement is a form of theft found under Penal Code 484. Typically the person convicted of embezzlement is usually fined an amount on the same order of the value of the property, and may receive a prison sentence as well.

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