Larceny & Theft Case Study
Whether embezzlement required proof that the defendant was entrusted with the property in a fiduciary capacity.
The court affirmed the embezzlement conviction, finding that the defendant — an employee with access to company funds — was in a fiduciary relationship with the employer sufficient to support an embezzlement charge. The court held that embezzlement requires proof that the defendant was lawfully entrusted with the property and then fraudulently converted it.
Embezzlement requires proof of a fiduciary relationship and fraudulent conversion. D.J. Rivera challenges embezzlement charges by scrutinizing the nature of the defendant's relationship with the alleged victim, the authorization for the defendant's use of the funds, and whether the defendant's conduct constituted fraudulent conversion rather than authorized use.
This case involves § 18.2-111 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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