embezzlement

fraudulent appropriation of property by a person to whom it has been intrusted, or into whose hands it has lawfully come; and it differs from larceny in the fact that the original taking of the property was lawful, or with the consent of the owner, while in larceny the felonious intent must have existed at the time of taking.

Defined by the Supreme Court in Simeon Grin v. John H Shine, 187 U.S. 181 (1902).

The wrongful and fraudulent appropriation of property to his own use by one to whom it has been entrusted by or for the owner. A breach of trust is the essence of the offense. To constitute embezzlement, the person appropriating the property must hold a_ relation of trust towards the owner, by virtue of which he had possession of such property. 31 Cal. 108; 68 Iowa, 593; 110 Mo. 209. The appropriation must be with fraudulent intent, and by this embezzlement is distinguished from mere tortious conversion. 82 111. 425; 78 Ga. 340; 62 Mich. 276; 50 N. J. Law, 475. The offense is a purely statutory one, and by many of the statutes is denominated "larceny," but it is commonly known as "embezzlement," and is distinct from larceny at common law, one of the essentials of which was a wrongful taking from the possession of the owner.

The fraudulent efit of property or money

Thefraudulent appropriation to his own use or benelit of property or money intrusted to hima by another, by aelerk, agent, trustee, public officer, or other person acting in a fiduciary character, See 4 Bl, Comm, 280, 251; 38 Kent, Comm. 194; 4Steph. Comm. 163, 169, 219; 40 N. Y. Super. Ct. 41. Embezzlement is the fraudulent appropriation of properiy by a person to whom it has been intrusted. Pen, Code Cal, § 503; Pen. Code Dak. § 596, Embezzlement is a species of larceny, and the term is applicable to cases of furtive and fraudu Jent appropriation by clerks, gervanis, or carriers of property coming into their possession by virtue of their employment. It is distinguished from “larceny,” properly so called, as being committed in respect of property which is not at the time in the actual or legal possession of the owner. 41 How. Pr. 294; 4 Steph. Comm. 168. Embezziement is not an offense at common law, but was created by statute. “imbezzle” includes {nits meaning appropriation ic one’s own use, and therefore the use of the single word “omhbezzie,” in the indictinent or information, contains within itseli the charge that the defendant appropriated the money or property to his own use. 8 La, Aun. 1153. growth of the earth which are produced annually, not spontaneously, but by labor and industry, and thence are called “fruetus industriates.” 64 Pa. St. 137. The growing crops of those vegetable produc tions of the soi] whieh ars annually produced by the labor of the cultivator. They are deemed personal property, and pass as such to the executor or administrator of the occupier, whether he were the owner in fee, or for life, or for years, if he die be fore he has actually cut, reaped, or gathered the same; and this, although, being aflixed to the soil, they mizht for some purposes be considered, while growing, as part of the realty. Wharton. The term also denotes tiie right of a tenant to take and carry away, after his tenancy has ended, such annual products of the land as have resulted from his own care and labor. Emblements are the away-going crop; in other words, the crop which is upon the ground and unreaped when the tenant goes away, bis icase bhaying determined; and the right to emblements is the right in the tenant to take away the away-yoing crop, and for that purpose to come upon the land, and do all other necessary things thereon. Brown.

s 1. Appropriation to one's own use of anything belonging to another, whether rightfully or wrongfully in the possession of the taker; theft. At an early date, spending, wasting, squandering. " He left an estate to an unthrift son who -embezzled it."' " Embezzling or vacating records.. is a felonious offense." « (q. v.), purchase by imposition of haind — manuscapere. ' See Fremont v. Sandown, 56 N. H. 303 (1876): Bouvier. ' Slaughter-House Cases, 16 Wall. 68 (1883). See also 43 Ala. 692; 44 id. 70; 20 La. Ann. 199; 43 Miss. 102; 13 S. C. Eq. 366; 31 Tex. 504. ' Spanish embargo, putting a bar (6arj-o)intheway: arrest, stoppage of ships. < [The Kmg William, 2 Wheat. 153 (1817); L. B., 8 C. P. 659. 'See Wheaton, Int. Law, 372; The King William, supra; 7 Cranch, 387; 5 Johns. 399. °N. F. embeasiler, to filch,

— Webster. Formerly, embesile or -sell; the same as imbieill, to weaken, diminish, subtract from. A shop-boy embezzled his master's store imperceptibly by repeated flfching,

— Skeat. In early statutes spelled imbezil,-~% N. M. 268. i'Embeziders of Charters, Grants, Eecorda, Bonds, Bills, Wills, &o., shall make Double Satisfaction, and be publicly Disgrraced as False persons." * "The goods of shipwrecked vessels shall be preserved from spoil and embezzlement." ' " He who would embezzle a ship's furniture, would not hesitate to embezzle the carpro." * Section 8467, Eev. St., creates two statutory offenses: that of embezzling a letter in postal custody which has a valuable thing enclosed; and that of taking and stealing such thing out of a letter which has been embezzled. A prosecution may be for one or both 3. The fraudulent conversion of property by a person to whom it has, been intrusted.* A species of theft, consisting in the stealing of property by clerks, agents, servants — persons acting in a fiduciary capacity.* Distinguishable from "larceny" in that the taker comes lawfully into possession of the property." To "embezzle" is to appropriate to one's own use property or money intrusted to him by his employer.' At common law, had no definite meaning. As an offense, had its origin in efforts made to amend the law of larceny. The first statute was that of 8 Henry VHE (1517), c. 7, in which the descriptive words were " did embezzle or otherwise convert the money to his own use." Statute of 7 Greo. IV (1887) improved and superseded earlier legislation; in it the words are " shall fraudulently embezzle." ' Frequently termed "larceny by bailee." Where the accused is not named as a "bailee," it maybe a question of law upon the averments whether or not he was a bailee." See Larceny. It is essential: that the accused occupy a fiduciary relation; that he received property (money) in the course of his employment; that the property belonged to his principal; that he converted it with intent to steal and embezzle it.'" The indictment must allege that the accused "feloniously did steal, take and carry away " the property. '» " Great Law of Penn., Ch. L ' IMd., Ch. C^XXl (1683). » The Boston, 1 Sumn. 356 (1833), Story, J. 4 United States v. Baugh, 4 Hughes, 608 (1880). See United States v. Long, 4 Woods, 464 (1881). ' 2 Bishop, Cr. L. § 336; Pittsburgh, &c. Pass. E'y Co. V. Mc Curdy, 114 Pa. 6S8 (1886). 'United States v. Lee, 12 F. R. 818 (1882), Cox, D. J.; 11 id. 293; State v. Wingo, 89 Ind. 806 (1883;; 41 How. Pr. 294; 62 Wis. 63; 4 Tex. Ap. 403. ' State V. Wolff, 34 La. An. 1154 (1882), Manning, J. estate D.Wolff, supra; New Mexico i;. Maxwell, 2 N. M. 367-68 (1882); United States v. Conant, 9 Cent. Law J. 129 (Cir. Ct., Mass., 1879), cases: R. S. § 5209national bank officer or agent; 3 Steph. Hist. Cr. L. Eng. 162-63. ' People V. Johnson, 71 Cal. 392 (1886). J« Exp. Hedley, 31 Cal.> 113 (1866). The details of the crime being statutory, the decisions of other States are to be read with caution.' Many State statutes follow 24 and 36 Vict. (1861) c. 96, §§ 6S-73.5 In some States the injured person may receive payment for the property embezzled or take security therefor.= In the Revised Statutes, the term designates a variety of offenses having in common the idea that the person has an opportunity to commit them by reason of some office or employment; and that they include some breach of confidence or trust, some misuse 'of a confidential opportunity: as, conversion by a public officer to his own use of public money intrusted to him for safe-keeping, disbursement, transfer, or other purpose.* See Decoy; Peculation.

In criminal law. The appropriation to one's own use or benefit, of property or money entrusted to him by another; such as the embezzlement by clerks, servants and agents, of their employer's money, or property; the embezzlement by mariners of goods on board a vessel; and the embezzlement by public officers of the public money. 4 BL Com. 230, 231. 4 Stepk. Com. 168, 169, 219. 3 Kent's Com. 194. Lewis' U, S. Crim. Law, 237. Wharton's Am. Crim. Law. 421. Embezzlement is distinguished from larceny, properly so called, as being committed in respect of property which is not, at the time, in the actual or legal possession of the owner. 4 Steph. Com. 168. The secretion of property by a bankrupt, with intent to defraud his creditors. Steph. Crim. Law, 91, 92. Embezzle is written by Cowell, Imbezzle, and Imbesil.