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Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (February 2008) | Embezzlement is the act of dishonestly appropriating goods, usually money, by one to whom they have been entrusted. For instance, a clerk or cashier can embezzle money from his or her employer, or a civil servant can embezzle funds from the government. Embezzlement may range from the very minor, involving only small amounts, to the immense, involving large sums and sophisticated schemes. Image File history File links Question_book-3. ...
Image File history File links Scale_of_justice_2. ...
The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
The actus reus — sometimes called the external element of a crime — is the Latin term for the guilty act which, when proved beyond a reasonable doubt in combination with the mens rea, i. ...
Causation is the bringing about of a result, and in law it is an element in various tests for legal liability. ...
For other uses, see concurrency. ...
The mens rea is the Latin term for guilty mind used in the criminal law. ...
In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ...
In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the...
Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal...
Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for ignorance of the law does not excuse) is a public policy holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content...
In criminal law, strict liability is liability where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the...
In the criminal law, corporate liability determines the extent to which a corporation as a fictitious person can be liable for the acts and omissions of the natural persons it employs. ...
The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. ...
In criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person. ...
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Property damage is damage or destruction done to public or private property, caused either by a person who is not its owner or by natural phenomena. ...
The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ...
A young waif steals a pair of boots Stealing redirects here. ...
In English law, the main deception offences are defined in the Theft Act 1968 (TA68), the Theft Act 1978 and the Theft (Amendment) Act 1996. ...
Modern Obstruction of Justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ...
Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ...
Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ...
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An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ...
Automatism is a disassociative state where the individual suffering from it has no control over their actions. ...
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In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held criminally liable for doing so, as their mental functions were diminished or impaired. ...
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Embezzlement differs from larceny in two ways. First, in embezzlement, an actual conversion must occur; second, the original taking must not be trespassory. To say that the taking was not trespassory is to say that originally the embezzler had the right to possess the property in question, and that he subsequently converted the property to his own use. Conversion requires that the theft seriously interfere with the property, rather than just relocate it. As in larceny, the measure is not the gain to the thief, but the loss to the true owner. In the United States, larceny is a common law crime involving stealing. ...
“Unlawful entry†redirects here. ...
Historically, the crime of embezzlement was created by statute to deal with situations where theft could occur while the thief himself was innocent of larceny — typically because of the "lawful possession" element. That is, embezzlement fills in the blanks where larceny laws do not apply. In the United States, larceny is a common law crime involving stealing. ...
Methods of embezzlement
| | This section does not cite any references or sources. (February 2008)
Please help improve this article by adding citations to reliable sources. Unverifiable material may be challenged and removed. | Embezzlement sometimes involves falsification of records in order to conceal the theft. Embezzlers commonly steal relatively small amounts repeatedly over a long period, although some embezzlers steal one large sum at once. Some very successful embezzlement schemes have continued for many years before being detected due to the skill of the embezzler in concealing the nature of the transactions. Image File history File links Question_book-3. ...
One of the most common methods of embezzlement is to under-report income, and pocket the difference. For example, in 2005, several managers of the service provider Aramark were found to be under-reporting profits from a string of vending machine locations in the eastern United States. While the amount stolen from each machine was relatively small, the total amount taken from many machines over a length of time was very large. Income, generally defined, is the money that is received as a result of the normal business activities of an individual or a business. ...
Aramark Corporation (NYSE: RMK) is a professional services organization, providing food services, facilities management, hospitality services, and uniforms and career apparel to health care institutions, universities and school districts, stadiums and arenas, businesses, prisons, senior living facilities, parks and resorts, correctional institutions, conference centers, convention centers, and public safety professionals...
A typical U.S. snack vending machine A vending machine is a machine that provides various snacks, beverages and other products to consumers. ...
Another method is to create a false vendor account, and to supply false bills to the company being embezzled so that the checks that are cut appear completely legitimate. Yet another method is to create phantom employees, who are then paid with payroll checks. A bill is a document requesting payment for goods previously supplied. ...
The latter two methods should be uncovered by routine audits, but often aren't if the audit is not sufficiently in-depth, because the paperwork appears to be in order. The first method is easier to detect if all transactions are by check or other instrument, but if many transactions are in cash, it is much more difficult to identify. Employers have developed a number of strategies to deal with this problem. In fact, cash registers were invented just for this reason. Antique crank-operated cash register This article is about the cash register. ...
Tax consequences Proceeds of embezzlement must be included in gross income unless the embezzler repays the money in the same taxable year.[1] Congress has ruled that lawful as well as unlawful gains are includable in gross income[2] and that it is inconsequential that an embezzler may lack title to the sums he appropriates.”[3] When the embezzler returns the victim’s funds either directly or indirectly (i.e. restitution) then the embezzler may have a reduction in taxable income.[4]
However, if a corporate embezzler can show four things,[5] then they need not include the embezzled funds in income:
“Where a taxpayer withdraws funds from a corporation 1) which he fully intends to repay and 2) which he expects with reasonable certainty he will be able to repay, 3) where he believes that his withdrawals will be approved by the corporation, and 4) where he makes a prompt assignment of assets sufficient to secure the amount owed, he does not realize income on the withdrawals under the James test.”[6]
References - ^ James v. United States, 366 U.S. 213 (1961).
- ^ Id. at 218, also see Income Tax Act of 1913.
- ^ Id. at 216.
- ^ Id. at 220
- ^ Gilbert v. C.I.R, 552 F.2d 478 (1977).
- ^ Id. at 481.
See also Look up Embezzlement in Wiktionary, the free dictionary. Wikipedia does not have an article with this exact name. ...
Wiktionary (a portmanteau of wiki and dictionary) is a multilingual, Web-based project to create a free content dictionary, available in over 151 languages. ...
The sponsorship scandal, AdScam, or Sponsorgate, is an ongoing scandal that came as a result of a Canadian federal government sponsorship program in the province of Quebec and involving the Liberal Party of Canada (mostly its Quebec branch), which was in power since 1993 up to January 2006. ...
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