Legal Question in Criminal Law in California

The Airlines have been known to embezzle ways out of fare compensation.

Situation: What they do is have passengers come in to settle for misplaced bags and or items that they didn't want to cover (as Stated in the MONTREAL CONVENTION). Once you go to the Airlines in the allotted time-frame and items are NOT recovered you Signed and agreement of settle with the Airlines, whom Declare items OFFICIALLY LOST. While in fact if they can't identify items Airlines often auction off or even sale. Also these items probably was never allowed as check in, but in most situation forced to gate Check-In.

Factual: These items end up all over the world,net, and yard sales. No one actually wants to deprive any one, but one mistake could force the issue that has arisen...

Question: How and why can OFFICIALLY DECLARED LOST ITEMS, get a person charged with 496a(RSP)(embezzlement)?

DO to Airline Negligence this is a problem on the rise! I asked in the phrase, because it seems logical to solve a situation at the beginning root. Not ending result...


Asked on 4/07/12, 4:32 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Embezzlement is an intentional act. Part of the definition is an intent to deprive the victim of money or property. If, as you say, "no one actually wants to deprive any one" of their property, then it isn't embezzlement.

Let me add that the Montreal Convention only governs international flights. It does not apply to flights within the United States.

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Answered on 4/08/12, 5:39 pm


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