Embezzlement is an act withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type of financial fraud. a lawyer might embezzle funds from the trust accounts of his or her clients; a financial advisor might embezzle the funds of investors; and a husband or a wife might embezzle funds from a bank account jointly held with the spouse.
Embezzlement usually is a premeditated crime performed methodically, with the embezzler taking precautions to conceal his or her activities of the criminal conversion of the property of another person (Ponzi,2016), because the embezzlement is occurring without the knowledge
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He was able to take advantage of the five-day grace period between a check being credited at one bank branch and a debit being made at the account’s branch by routinely making fraudulent credits and debits on MAPS (Mohammed Ali Professional Sports, INC) which he had a became a board member and which was a local customer of Wells Fargo and held 13 accounts at different branches in and around Los Angeles. He increased the amount each time. $21.3 million was embezzled between 1977 and 1981 which is equivalent to $64 million in 2010. Lewis himself pleaded guilty to one count of conspiracy and two counts of embezzlement and agreed to cooperate with the prosecution in their case against Smith and Marshall with Marquet International, Ltd. Lewis was ultimately sentenced to 5 years in prison. In February 1982, Harold Smith, a flamboyant boxing promoter, who was also a part of the scheme, was convicted on 29 felony counts including fraud, embezzlement, conspiracy and interstate transportation of stolen securities. He was sentenced to 10 years in prison of which he actually served 5¼.
Embezzlement punishment usually results varies from fines, jail or prison time, or sometimes both Each state has its own penalty schemed pending on value or type of property you have embezzled. Many states require defendants to pay victim(s) in restitution. In the state of New York, the law
What factors best explain how this person might be punished if convicted of the crime?
According to the book, “The term trust refers to the confidence in a relationship that the other party will act honorably and fulfill legitimate expectations” (Friedrichs 9). Individuals put their faith in a corporation or individual because some people want to see the best in people. “We put our faith in the banks that store our money, the corporations that employ us, the retail stores where we purchase our items, a stockbroker in which we invest in and so much more” (Friedrichs 9). The book is trying to tell us that trust is involved in everything that we do every day. In the book it also states that, “trust and it violations are certainly key elements in white collar crimes” (Friedrichs 9) Trust between two individuals can be broken.. According to the FBI, “white collar crimes are not dependent on threat or physical violence” (FBI). The FBI wants us to note that corporations or individuals do not threaten anyone or physically harm the individual. Wells Fargo is a perfect example of trust and white collar crimes. Wells Fargo
Bribery – it’s a form of corruption. This is the straightforward use of financial muscle to gain unfair advantage over others. An example would be attempting to gain planning permission by giving
* Financial abuse. Includes theft, fraud exploitation, pressure in connection with wills, property or inheritance or financial transactions.
Financial abuse – the misuse of a person’s funds and assets, or obtaining property and funds without the persons full consent and can involved theft of
Embezzlement in Florida and everywhere in the United stated is a type of property theft. Embezzlement occurs when a defendant who was entrusted to manage money or any property, steals some of it or all of the assets for their personal gain. The true definition of embezzlement is “theft or misappropriation of funds placed in one's trust or belonging to one's employer”. In this kind of case the key legal aspect is that the defendant had legal access to money or property of another
Financial abuse is the illegal or unauthorised use of a person’s money, property, pension book or other valuables.
Embezzlement seems to be a white collar crime that is victimless. However, when monies are embezzled from a non profit it affects all those involved especially those benefitting from the work of the nonprofit organization. I thought of our local community nonprofit arts foundation. They not only produce a full slate of shows each season, but also provide classes in painting, sculpting, drawing, acting, music, and dance. If they were defrauded in the amount of $93,000 it would affect educational programs and community outreach.
In September of 2016, it was revealed that there was alleged misconduct at one of the largest and safest banking institutions in the United States. Wells Fargo Bank was ranked among the nation’s safest financial institutions according to an analysis done by Global Financial, (Inside Tucson Business, 2009). Alleging that between May 2011 and July 2015, there were more than 2 million bank accounts or credit cards opened for customers without their knowledge or permission (Blake, 2016). Clients started complaining the they were receiving debit/credit cards from the bank that they had not ordered. Wells Fargo employees also started complaining that about the unethical behaviors they witnessed or were asked to participate in to the Human Resource Departments, the bank’s internal ethics hotline, branch’s individual managers and supervisors. All which led to the discovery of the fraud scandal.
Cashing checks, opening and using charge accounts, taking property, forging documents, and modifying documents are all forms of financial abuse. Financial abuse can cause great harm by limiting the person’s ability to provide for his or her needs.
The Wells Fargo scandal involved a variety of stakeholders who have stake in the issue; however, the main stakeholders include the consumers, the employees and their families, and stockholders of the organization. The affect these stakeholders suffer varies, but the ultimate affect the scandal has had is violation of trust by Wells Fargo and its leadership. When examining this situation, the main stakeholders who suffered the greatest harm from the scandal were the customers who fell victim to the fraud and had their privacy violated by an organization they trusted. In the course text, Trevino and Nelson spoke of the importance of trust and its importance in a service economy. Wells Fargo violation of the consumers’ trust has ultimately added
Financial abuse - is, for example, illegal or unauthorized use of a person’s property, money,
card fraud. In reference to money Laundering we will the complex process of how criminals
Financial statement fraud is usually a means to an end rather than an end in itself. When people "cook the books" they may doing it to "buy more time" to quietly fix business problems that prevent their entities from achieving its expected earnings or complying with loan covenants (Fraud Magazine, 2014. It may also be done to obtain or renew financing that would not be granted or would be smaller if honest financial statements were provided. People intent on profiting from crime may commit financial statement fraud to obtain loans they can then siphon off for personal gain or to inflate the price of the company 's shares, allowing them to sell their holdings or exercise stock options at a profit (Fraud Magazine, 2014). However, in many past cases of financial statement fraud, the perpetrators have gained little or nothing personally in financial terms. Instead the focus appears to have been preserving their status as leaders of the entity - a status that might have been lost
Over the past two years, corporate America has endured a plethora of fraudulent acts committed by those of high status within their respective corporations, most of which involve internal fraud. Internal fraud has two main aspects, misappropriation of assets and fraudulent financial reporting, with the focus of this discussion lying within the former. Misappropriation of assets is defined as fraud for personal gain. It is the most common type of fraud found among employees and frequently includes theft of cash and inventory.