Legal Question in Civil Litigation in California
Embezzled money given to a charity
If money, embezzled from an employer, is donated by the embezzler to a charity, does the charity have to return the money. At the time of the donation the charity was not aware the money had been embezzled but later became aware of it through civil litigation.
2 Answers from Attorneys
Re: Embezzled money given to a charity
Yes, the money has to be returned, but they might get some type of reward from the employer or his insurance company that paid for the thief. If the charity kept the money, then the real owner would lose that money; why should the charity profit by the illegal acts of another?
Re: Embezzled money given to a charity
More than likely, no, the innocent recipient does not have to return the item. This is the case for an innocent purchaser of a stolen item, but I am undcertain if the same rule applies for money, but I would expect that it does.
Usually, charitable organizations are willing to return money if it can be shown to have been wrongfully obtained. It can't hurt to ask. If they say "no" then tack this cost on to the embezzler themselves under restitution.
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