What Is Embezzlement? Legal Definition, Types & Examples (2024)

There are many different forms of embezzlement, but they can be organized in broad groups as follows:

Stealing Assets

The majority of embezzlement cases involve stolen assets, typically money. It can be as minor as taking a computer keyboard to use at home or as major as stealing millions of dollars and everything in between. Here are some tactics that are often used in embezzlement cases.

Siphoning

Siphoning occurs when an employee takes all or part of a payment for something and pockets it. This can happen, for example, when someone working the counter at a restaurant “forgets” to ring up an item in the cash register, but charges the customer for it and fulfills the order.

Unless there is oversight, this can be completed without the customer or the employer realizing what has happened. Automation of point-of-sales systems can reduce the chance of this happening, as it becomes much harder to fulfill an order that hasn’t been entered in the computer.

Siphoning can also occur by overcharging customers and pocketing the difference.

Siphoning does not always involve the physical stealing of money; although computers can make some siphoning more difficult, they can facilitate siphoning of another sort, where small amounts of money are transferred to the employee’s bank account.

As the name suggests, siphoning typically happens in small increments. Major discrepancies are easy to detect, but small ones can sometimes be hidden within acceptable accounting tolerances.

Check Kiting

Check kiting takes advantage of the banking float, or the time between when a check is deposited in the bank and when it clears. It involves at least two banking accounts, and works as follows:

  • A check is written from Account A to Account B. Account A doesn’t actually have enough funds to cover the check.
  • A check is then written from Account C to cover the amount needed in Account B, but Account C doesn’t have the funds either.
  • Alternatively, a check can be written from Account B to Account A. This is called circular kiting.

Check kiting is often unsustainable, as it’s quickly discovered. However, employees with access to large amounts of money can sometimes use it in the long-term to earn interest during the period of the float, and then keep the amount earned from interest.

Payroll and Overtime

Payroll and overtime embezzlement involves paying employees for time that wasn’t actually worked. This can take place at different levels of the company. For example, Employee C could punch Employee D’s time card when Employee D isn’t actually present, making it appear as if Employee D worked more hours than they actually did.

Payroll embezzlement can also include adding a fake employee to the payroll system and routing the salary into a bank account controlled by the embezzler.

Overtime embezzlement is when an employee claims fraudulent overtime hours. This type of fraud may be attractive because many companies pay employees more for overtime, and overtime is often worked on an irregular schedule, meaning that it can be easier to hide than a regular payment.

Ponzi Schemes

Ponzi schemes, or pyramid schemes, work on the same principle as check kiting schemes, but the victims are often individuals rather than companies. They typically work as follows:

  • The fraudster offers an investment opportunity with attractive terms—often, a much higher return on investment than normal.
  • People invest their money.
  • As new people invest, the fraudster uses their investment money to pay dividends to the original investors. This gives the fraudster the illusion of being successful in their investments.
  • The scheme will ultimately get to the point where it is no longer sustainable, and the last people to invest (or the last people to try and retrieve their original investments) lose the money that they have put in.

Ponzi schemes can go on for a long time, provided that the fraudster still has money coming in from new investors.

Misuse of Assets

Misuse of assets occurs when someone uses company property for their own gain. This could involve things like using company computers to conduct outside business, unauthorized use of a company vehicle or using the company’s specialized equipment for personal gain.

Kickbacks

A kickback is when some sort of financial enrichment arises from the preferential treatment of a person or company. Kickbacks come in many forms, from relatively small to substantial: a politician might receive money in exchange for voting in a certain way, a purchasing manager might receive money or goods in exchange for choosing a particular vendor or a real estate agent might direct clients to a particular mortgage broker in exchange for money.

Kickbacks can be very difficult to prove, particularly if the fraudster has taken care to prevent a paper trail and cover their tracks.

Forging Documents

A forged document is an unauthorized document created for fraudulent purposes. This might involve creating fake documents to engage in a payroll scam or creating false company documents and using them for personal gain. This type of embezzlement often occurs in conjunction with other types.

What Is Embezzlement? Legal Definition, Types & Examples (2024)

FAQs

What is embezzlement with example? ›

Embezzlers might create bills and receipts for activities that did not occur and then use the money paid for personal expenses. Ponzi schemes are an example of embezzlement.

What does embezzlement mean in law? ›

Embezzlement is the fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come.

What four things must occur for there to be a case of embezzlement? ›

What Are The 4 Elements Common to Embezzlement?
  • Element 1: The Property Did Not Belong To The Accused. First, basic ownership must be established. ...
  • Element 2: Legal Possession. ...
  • Element 3: Duty and Trust. ...
  • Element 4: Intent. ...
  • Denver Embezzlement Defense.

What is the good definition of embezzlement? ›

: to take (property entrusted to one's care) dishonestly for one's own use. embezzled thousands of dollars. embezzlement. -əl-mənt. noun.

Which is the most common form of embezzlement? ›

What is the most common form of embezzlement? The most common form of embezzlement involves cash going missing. It is the easiest to get away with.

What is the federal statute of embezzlement? ›

18 U.S. Code § 641 - Federal Crime of Embezzlement

The federal crime of embezzlement is generally defined as theft or larceny of assets, money, or property by somebody in a position of trust or responsibility over the assets. Typically, embezzlement is committed by an employee in the employment or corporate setting.

Who investigates embezzlement? ›

The Division of Law Enforcement's White Collar Investigation Team (WCIT) Program's primary goal is to investigate white collar crimes, criminal activities such as major fraud, theft by false pretense, money laundering, corporate fraud, securities and commodities fraud, mortgage fraud, financial institution fraud, bank ...

How is embezzlement caught? ›

How does embezzlement get caught? Embezzlement is often detected when another employee notices irregularities, with 65% of cases being uncovered this way.

What is it called when someone takes money from your account without permission? ›

Financial fraud happens when someone deprives you of your money, capital, or otherwise harms your financial health through deceptive, misleading, or other illegal practices. This can be done through a variety of methods such as identity theft or investment fraud.

How do you win an embezzlement case? ›

Good Faith Belief or Money Taken For Legitimate Purposes

If the defense can present a compelling argument explaining how and why the defendant thought the embezzlement was actually legal, rightful and servicing legitimate business purposes, this can be a successful embezzlement defense.

What are key pieces of evidence detectives look for in embezzlement cases? ›

Missing financial documents: Embezzlers may destroy invoices, receipts or payroll records to hide evidence of their crimes. Inconsistencies in accounting records: Unexplained imbalances (especially those beyond the typical margin of error) could indicate embezzlement.

How do you conduct an embezzlement investigation? ›

Key Components of the Fraud Investigation Process
  1. Assemble the Investigation Team. ...
  2. Clearly Define the Allegations and Scope. ...
  3. Develop an Investigation Plan and Timeline. ...
  4. Gather Documentary Evidence. ...
  5. Conduct Interviews. ...
  6. Perform Data Analytics. ...
  7. Trace Monetary Transactions. ...
  8. Document the Investigation Transparently.
Feb 20, 2024

What is the best defense against embezzlement? ›

The defenses to embezzlement start with intent, i.e. you did not mean to commit a theft. There is also mistake of fact, meaning you believed the item embezzled actually was your own or you had a right to it, or the victim gave you permission to take it (consent). Occasionally, mistaken identity is a defense.

What must be true for an act to be considered embezzlement? ›

To prove that a defendant committed embezzlement, a prosecutor must be able to prove following elements: An owner entrusted his or her property to the defendant. The owner did so because he or she trusted the defendant. The defendant fraudulently converted or used that property for his or her own benefit.

What classifies embezzlement? ›

Embezzlement is the fraudulent taking of personal property by someone to whom it was entrusted. It is most often associated with the misappropriation of money.

Who usually commits embezzlement? ›

Most have never previously been charged with a criminal offense. They are more likely to be employed in operations, accounting, sales, or upper management. The amount of money lost is related to the position the perpetrator holds in the company. The median loss caused by embezzling executives was $600,000.

Is embezzlement a type of theft? ›

They may embezzle funds by creating fake invoices, forgery, over-billing suppliers and customers, or in another manner. Although embezzlement is a form of stealing, as a trusted employee, the perpetrator abused that trust, which is the main difference between the two crimes.

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