Safe Havens

“Embezzlement can be defined as the fraudulent conversion of the property of another by one who has lawful possession of the property and whose fraudulent conversion has been made punishable by the statute.”[126]  The criminal intent for embezzlement — unlike larceny and false pretenses — arises after taking possession (not before or during the taking).[127]  Embezzlement, while not considered larceny, may fall within a state’s definition of “theft.”[128]  For example, the California theft statute encompasses various types of offenses under the heading of theft, such as false pretenses, fraud and embezzlement.[129] 

[126] Arnold H. Loewy, Criminal Law in a Nutshell 94 (2d ed. 1987).

[127] Black’s Law Dictionary (8th ed. 2004), embezzlement.

[128] Black’s Law Dictionary 1477 (6th ed. 1990).

[129] See, e.g., People v. Turner, 267 Cal.App.2d 440, 73 Cal.Rptr. 263 (1968) (offense of theft includes offense formerly known as larceny, obtaining property by false pretenses and embezzlement).