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California Embezzlement Essay

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For the purposes of their jobs, people in California, and throughout the U.S., are often responsible for managing or monitoring the assets or property of others. Should they use those funds in a way that was unauthorized or for their own personal gain, however, they may be charged with embezzlement. When handling others’ funds and property, there is a fine line between what is permitted and what could be construed as theft. Therefore, it may behoove people to understand what constitutes embezzlement, and the potential penalties that may accompany a conviction.

Recently, San Jose Mercury News reported that a 39-year-old woman was charged with embezzlement. It is alleged that the woman used company credit cards to pay for various personal items, vehicles and trips. She is also accused of using company checks to pay her rent and give herself unauthorized bonuses and overtime. The woman, who worked as an office manager, allegedly stole funds in excess of $1 million over the course of a …show more content…

The California state penal code defines embezzlement as fraudulently appropriating funds or property by those who have been entrusted with it. In basic terms, this is the theft of assets by someone who has been granted access or oversight over the said assets. The most common form of this charge is the misappropriation of funds, according to the Legal Information Institute.

For example, a person grants his or her finance manager access to his or her financial accounts. The finance manager is meant to take a set amount of funds out of these accounts and invest them. However, instead of investing the exact amount specified, the account manager retains a portion for his or herself. This often constitutes embezzlement.

Proving embezzlement

This charge may seem like a he said, she said matter. However, a simple accusation of theft is not enough to establish embezzlement charges. The U.S. Department of Justice stipulates that the following elements must be

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