Embezzlement - Definition - Law Dictionary Home Dictionary Definition embezzlement

Definition :

Embezzlement, the appropriation to his own use by a clerk or servant of money, valuable securities or chattels received by him for and on account of his master or employer. Embezzlement differs from larceny in this, that in the former the property misappropriated is not at the time in the actual or legal possession of the owner, whilst in the latter it is. The distinctions between larceny and embezzle-ment are often extremely nice and subtle, and it is sometimes difficult to say under which head the offence ranges. Unless the offender is a clerk or servant whose business it is to receive money for his master, he is not guilty of embezzlement. But if he have been employed to receive it in a single instance, he need not be a general servant. Partners stealing or embezzling money, etc., belonging to the co-partnership may be convicted and punished as if they had not been such partners. [(English) Larceny Act, 1916, s. 40 (4)]

The fraudulent taking of personal property with which one has been entrusted, Black's Law Dictionary, 7th Edn., p. 540.

Embezzlement is a felony punishable under the (English) Larceny Act, 1916 (see ss. 17-19). Justices can deal summarily with the offence with the consent of the accused when the value of the property does not exceed 20l. [(English) Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86), s. 24]. A person indicted for embezzlement may be found guilty of larceny if the evidence shows larceny, and a person indicted for larceny may be found guilty of embezzlement if it shows embezzlement. [(English) Larceny Act, 1916, s. 44]

As regards summary proceedings for embezzlement of materials, etc., by persons in woollen, etc., trade, see (English) Hosiery Act, 1843 (c. 40).