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Embezzlement: Intent To Return Property May Not Be Enough To Evade Charges ? California Penal Code § 503

By Walin & Klarich

The California Courts of Appeal for the Fourth District recently held that an individual may be guilty of embezzlement even if that person intended to return the property in the future. Jorge Casas, a car salesman, was carrying out a trade-in transaction with a customer. To complete the exchange, it required Casas to drive the trade-in to the customer?s house to collect a $1,500 down payment. Casas turned a standard procedure into a 400 mile road trip in search of drugs. He was charged with embezzlement and convicted of the crime. On appeal, Casas argued that he did not intend to permanently deprive the owner; however, the conviction was upheld. The white collar crime of embezzlement, as defined in California Penal Code § 503, is the fraudulent appropriation of property by a person to whom it has been entrusted...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 04, 2010 (boomark / email).