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Assertive Representation In State & Federal Court

What elements must be proven to establish embezzlement?

When Ohio residents hear the term fraud, they may not know that there are many different types of frauds. Fraud is a broad term, which means to knowingly misrepresent the truth to someone or to knowingly conceal a material. Both actions are presumably done in order to get someone to act to their own detriment. Embezzlement is a common type of fraud.

Though embezzlement is similar to larceny in that it involves taking the personal property of someone else, it differs in that the person accused of committing embezzlement has the right to possess the funds. Therefore, the crime of embezzlement takes place when someone has misappropriated the funds they were entrusted with. A common example is when employees skim over the top of the money, so as to collect a significant amount of money over time.

There are certain elements that must be proven to establish embezzlement. The first thing that must be proven is a fiduciary relationship between the two parties-a relationship of trust, where one party is relying on the other. The second element is proving that the money was appropriated through that relationship, not in some other manner. Thirdly, the person accused of embezzlement must have taken ownership of the property or transferred it to someone else. .All of these acts must have been done intentionally.

Proving embezzlement requires proving all the elements and this can often be difficult. It may be possible to challenge various aspects of the prosecution’s case, such as the finding of intent or that ownership was achieved. Someone accused of misappropriating funds may want to consider consulting an experienced attorney to prepare their defense.