Embezzlement and False Pretenses

Embezzlement and False Pretenses

Learn about the elements of the crimes of embezzlement, which involves the fraudulent conversion of property with which the defendant was lawfully entrusted, and the taking of property by false pretenses, as well as the Model Penal Code approach to theft.


Welcome back to our discussion of theft crimes. Let's move on to embezzlement, which was created to deal with circumstances that fell outside of larceny.

I. Embezzlement

Embezzlement generally involves the following elements: First, the defendant has lawful possession of another's personal property. Second, the defendant has been entrusted with the property by its owner, owing to a fiduciary relationship between them. So, a common circumstance is where a corporate employee lawfully possesses...