Embezzlement

“ Possession of goods or documents of title to goods is generally sufficient to enable agents and others to give a good title under the Factors' Acts (see Factor) . (6) In criminal law the question of possession is important in founding the distinction between larceny and embezzlement. If the goods are in the possession of the master and he gives them to the custody of his servant for a specific purpose and the servant steals them, it is larceny; if they have never come into the master's possession, as if a clerk receives money on his master's behalf, it is embezzlement. ”

“ Larceny, as you may or may not know, is the act of taking away the goods or chattels of another without his knowledge or consent, and embezzlement is the fraudulent appropriation to one’s own use of what is intrusted to one’s care and management, especially money. Larceny as bailee, on the other hand, is simply a more definite form of larceny wherein one fixes the act of carrying away the goods of another without his knowledge or consent on the person to whom the goods were delivered in trust that is, the agent or bailee. ”

“ It follows that, except for the possible adverse effect on rightful owners, the only substantial result that one can foresee from today's holding is that the Federal Government will, under the guise of a tax evasion charge, prosecute people for a simple embezzlement. But the Constitution grants power to Congress to get revenue not to prosecute local crimes. And if there is any offense which under our dual system of government is a purely local one which the States should handle, it is embezzlement or theft. ”

“ If, however, they do not recognize it, or the receiver is sly enough calmly to walk off with the money, if the sum is great and restitution not easily possible, and if, moreover, the official happens to be in the bad graces of his superiors, he does not have much chance in the prosecution for embezzlement, which is more likely than not to be begun against him. ”

“ Any person authorized by State organs, State-owned companies, enterprises, institutions or people's organizations to administer and manage State-owned property who, by taking advantage of his office, appropriates, steals, swindles the said property or by other means illegally take it into his own possession shall be regarded as being guilty of embezzlement. ”

“ In the first, a turnover proceeding, 'clear and convincing proof' is enough; in the second, embezzlement, 'proof beyond a reasonable doubt' is required. The burden of proof is heavier in the embezzlement case because a judgment of conviction may embody a criminal punishment, while a turnover judgment does not-it is merely an order for the surrender of property, similar to an order of delivery in a replevin suit.
There is no such reason for different measurements of proof in contempt and embezzlement cases ”

“ No person who shall be convicted of the embezzlement or defalcation of the public funds of this State, shall ever be eligible to any office of honor, trust, or profit, under the State; and the Legislature shall, as soon as practicable, pass a law providing for the punishment of such embezzlement, or defalcation, as a felony. ”

“ B. Concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (embezzlement) If a person who has stored funds owned by multiple companies without distinguishing the ratio of the shares embezzles part of the fund, the multiple companies shall be deemed to be in the position of joint owners of the embezzled fund whose share ratio is unknown, and the multiple companies shall all be deemed as victims of the crime of embezzlement (refer to Supreme Court Decision 97Do2609 delivered on December 26, 1997) . ”

“ It sues him and perhaps his bondsmen and recovers the money. Embezzlement, however, is a criminal offense, and the recovery of the money taken does not affect in any way the right of the state to proceed against the embezzler. ”

“ But, for the reasons we have stated, even the duty to pay the surplus shown by the return or audit is not governed by the statutes relating to embezzlement, which have been referred to in support of these counts. The amount with which the clerk is chargeable upon his accounting is not the 'public money' or 'the money or property of the United States' within the meaning of their provisions. ”

“ The whole basis of the Wilcox opinion was that an embezzlement is not in itself 'gain' or 'income' to the embezzler within the tax sense, for the obvious reason that the embezzled property still belongs, and is known to belong, to the rightful owner. ”

“ As part of the consequences of a conviction of the crime of embezzlement by a public officer, the law of Nebraska provides that a fine double the amount embezzled shall be inflicted, which shall operate as a judgment against the estate of the convict. ”

“ In our view, the Court today does Congress a grave injustice by assuming that it has imposed this double tax burden upon the victim of an embezzlement merely because someone has stolen his money, particularly when Congress has refused requests that it do so. The owner whose funds have been embezzled has done nothing but entrust an agent with possession of his funds for limited purposes, as many of us have frequent occasion to do in the course of business or personal affairs. ”

“ Bays, nervously, rising and turning his back to the fire, "Tom has—has overdrawn his account more than a thousand dollars in Williams's office. Williams don't call it 'overdrawn.' He calls it embezzlement, theft. Tom and me went to Judge Blackford and told him just how the money was taken. The Judge says Williams is right about it; it is embezzlement, and Williams says the firm insists on prosecuting Tom and sending him to the penitentiary if the money is not replaced. God only knows what we are to do, Margarita. ”

“ There are undoubtedly cases which hold that, where the crime consists, not in the embezzlement of a single definite quantity of coin or bills, but in a failure to account for a number of small sums received,-a series of petty and continuous peculations,-where it would be manifestly impossible, probably for the defendant himself, but much more for the prosecution, to tell of what the money embezzled consisted, an allegation of a particular amount is sufficient. ”

“ Furthermore, where an embezzler uses embezzled funds for his own purposes and, by concealment of the embezzlement or otherwise, deprives his victim of a corresponding opportunity to enjoy those funds, the Code permits his victim to deduct as a 'loss', from the victim's taxable income, the sums so embezzled. ”

“ A man may be guilty of larceny and embezzlement at the same time, or of larceny or embezzlement separately, and without being guilty of the other, and the district attorney representing the people might be uncertain, not that he was not guilty of both, but that it might not be possible to present the evidence under one count, so as to insure his adequate punishment for a crime which in a way involved both. ”

“ Forsyth, we said 'that in the section of the law of 1867 which sets forth the classes of debts which are exempted from the operation of a discharge in bankruptcy, debts created by 'fraud' are associated directly with debts created by 'embezzlement.' Such association justifies, if it does not imperatively require, the conclusion that the 'fraud' referred to in that section means positive fraud, or fraud in fact, involving moral turpitude or intentional wrong, as does embezzlement ”

“ If any debt created by fraud, embezzlement, or misappropriation is to be excepted from the application of the statute, then there is no necessity of subd. 2, making a judgment essential to prevent the granting of the discharge under the statute. ”

“ Any officer or agent of the Punishment for said offence, &c.United States, and all persons advising, or knowingly and willingly participating in such embezzlement, upon being convicted thereof before any court of the United States of competent jurisdiction, shall, for every such offence, forfeit and pay to the United States a fine equal to the amount of the money embezzled, and shall suffer imprisonment for a term not less than six months nor more than five years. ”

“ Acts of the officers, honest or dishonest, in the management of the corporation, would be among the most common causes of a change in value. The defendant, if he fraudulently induced the plaintiff to keep his stock, took the risk of all such changes. The loss to the plaintiff from the fraud is as direct and proximate, if he was induced to hold his stock until an embezzlement was discovered, as if the value had been diminished by a fire which destroyed a large part of the property of the corporation, or by the unexpected bankruptcy of a debtor who owed the corporation a large sum. ”

“ Embezzlement or theft by a servant of his master's goods of 40s. or more is a felony.
No one shall forge a deed of land, charter, sealed writing, court roll or will.
No one shall libel or slander so as to cause a rebellion.
Cut-purses and pick-purses shall not have benefit of clergy.
A debtor may not engage in a fraudulent collusion to sell his land and goods in order to avoid his creditors. ”

“ The rightful owner who has entrusted his funds to an employee or agent has troubles enough when those funds are embezzled without having the Federal Government step in with its powerful claim that the embezzlement is a taxable event automatically subjecting part of those funds (still belonging to the owner) to the waiting hands of the Government's tax gatherer. ”

“ As remarked by Judge BROWN it is no defense to an indictment under one statute that a defendant might also be punished under another; and as the highest judicial tribunal of the state of Michigan ruled that the word 'agent' in section 9151 of the statutes of that state applied to attorneys at law, and as the information charged the defendant with embezzlement under that section, and he pleaded guilty to embezzlement as an attorney at law, the affirmance of the conviction necessarily followed. ”

“ The lawyer’s denunciation had overweighed any vestige of doubt. It was convincing, terrible in its briefness and truth.
Ebner Ford had swindled old Mrs. Miggs!
The very tone in his voice had belied his guilt. The lawyer’s thunderous denouncement still rang in her ears. “You sold my client stock that you knew at the time wasn’t worth the paper it was printed on.... We’ve got a case of embezzlement against you that’s as plain as daylight.” Embezzlement! No man would have dared say that to another unless he had proof. Her money—their money—Jane’s—half of all they possessed in the world. ”

“ The defendant is charged with the embezzlement of large sums of money belonging to a class of unfortunate people whose helpless condition cries aloud to the court for protection. The law is made to restrain the strong and to protect the helpless, and it is the duty of the court to enforce the law in such a manner as to attain the end which the makers had in view when the statutes were passed. ”

“ Every officer of a bank which is not an authorized depositary, and which has not, therefore, given the required security, who knowingly receives any public money on deposit, is liable for embezzlement. ”

“ The man hesitated, looked at Lucian, and then spoke less guardedly. “It’s my opinion, sir, that young gentlemen in this sort of position don’t have any valid excuse to offer, unless it’s unsound mind. It isn’t the want of money makes them do it. When it’s money they’re after, we get a forgery or an embezzlement, something like that—not just theft. ”

“ A person who enters a chicken coop and steals chickens commits a felony; and he may be sterilized if he is thrice convicted. If, however, he is a bailee of the property and fraudulently appropriates it, he is an embezzler. Hence, no matter how habitual his proclivities for embezzlement are and no matter how often his conviction, he may not be sterilized. ”

“ The last charge, stealing or embezzling and receiving money fraudulently obtained, needs a word of explanation. It may be assumed that there is no evidence of larceny or embezzlement as (commonly) defined, but the receiving of property known to have been fraudulently obtained is a crime by the laws of both Canada and Illinois. There may be a doubt whether the appellant, if a party to the fraud, received the money of the government directly from it, or through a third hand, so as to be guilty under this count of the complaint. ”

“ The issue before us is whether the meaning of the word 'stolen,' as used in this provision, is limited to a taking which amounts to common-law larceny, or whether it includes an embezzlement or other felonious taking with intent to deprive the owner of the rights and benefits of ownership. ”

“ We are also of the opinion that the act prescribes punishment for the offence with which the defendant is charged.
The first part of the sixteenth section declares, that if any officer to whom it applies shall convert to his own use, loan, deposit in bank, or exchange for other funds, except as permitted by the act, any of the public money intrusted to him, 'every such act shall be deemed and adjudged to be an embezzlement,' and is made a felony. ”

“ Federal encroachment upon local criminal jurisdiction can also be very injurious to the states. Extortion, robbery, embezzlement and offenses of that nature are traditionally matters of local concern. ”

“ Charges of gross incompetence, disregard of the public interest, communist sympathies, and the like usually have filled the air, and hints of bribery, embezzlement, and other criminal conduct are not infrequent. ”

“ Salvors are required by the nature of their undertaking, and by a due consideration of the large award allowed them for their services, to be vigilant in preventing, detecting, and exposing every act of plunder upon the property saved; and if they are guilty of embezzlement, whether at sea, in port, or even after the property is delivered into the custody of the law, it works a forfeiture of their claim to salvage. When secret, and purely an individual act, it is justly held not to prejudice co-salvors, who are innocent. ”