Embezzlement Isn't a Crime

Don't confuse swindling with embezzlement, as they are two different things. Embezzlement is the unlawful appropriation of another person's property by someone in a position of trust.

Swindling means getting their hands on your property under false pretenses by lying, cheating or tricking you at the time a property is transferred and makes you transfer your title to him/her instead.

Now this slight confusion over larceny and embezzlement means there is a bit of an overlap in some statutes in a few states. Larceny involves the illegal taking of property right from the get-go and embezzlement is the wrongful appropriation carried out after the initial lawful taking.

In all instances when you are facing charges in either of these areas, talk to a Dallas criminal defense attorney who knows what they are doing to formulate a defense. Most people know embezzlement as being a crime where people that are entrusted with other's property steal it from them - bankers, corporate managers, lawyers and agents. It is all too easy to get their hands on others people's property when in a position of power and trust. Interestingly enough the statutes don't specifically spell out who is liable for embezzlement, but they do outline the type of property that may be embezzled - stocks, promissory notes, bonds, checks, commercial paper, intangible personal property, deeds and contracts.

Be aware that not every state has the same definitions and speaking to a lawyer in situations like this is an absolute must. For instance, some states simply say property is anything that can be subject to larceny. In others, property requirements are broader and may penalize the embezzlement of real and personal property. There are a variety of elements needed to make this type of charge and they too vary from state to state. Your Houston criminal defense lawyer will be able to advise you of which statutes apply in any given case. Generally speaking though, the elements of embezzlement are: that the property must belong to another person besides the accused (a principal or employer) and the property must be converted (embezzled) subsequent to the defendant's original lawful possession of it. The third element is the defendant must be in a position of trust, so that holding the property is a fiduciary duty and there must be the intent to defraud the owner at the time of the embezzlement/conversion.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer [http://www.wannamakerlaw.com] practicing in Austin criminal defense and Houston Texas. To learn more, visit [http://www.wannamakerlaw.com]

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