Legal Question in Criminal Law in California
When is it considered Embezzlement?
I am a bookkeeper who recently quit my job due to harassment in the workplace. My former employer pre-signed all our business checks, and I had the authority to write checks for virtually anything with these pre-signed checks. My former employer is now alleging that I misappropriated funds (I don't think I did) and is accusing me of embezzling money from our company. I had a glowing career and was never reprimanded for anything. I have had a perfect employment record until this. If my employer pre-signed all checks, and then complains after the fact, can I be charged with embezzlement, or is it my word against his? What is embezzlement?
1 Answer from Attorneys
Re: When is it considered Embezzlement?
Embezzling is basically taking money that has been entrusted to you by virtue of your position. Whether the embezzler keeps the money or directs it to someone else is immaterial.
If you wrote checks only to cover the business's expenses then you should be OK. If you wrote any to cover personal expenses or for other purposes unrelated to the company's interests then you will have to prove that the spending was within your authority.
Your employer acted irresponsibly by pre-signing the checks, but being irresponsible is not against the law. If you took advantage of the situation by taking or diverting funds that belonged to the company then you embezzled. The fact that the boss had pre-signed the checks will not convert your embezzlement into something legal.
Your statement that you "don't think" you embezzled is puzzling. Usually there isn't a lot of room for doubt on such matters. You sem to be in a very difficult position, and I wish you the best of luck in dealing with it.
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