Legal Question in Criminal Law in Georgia

Re: Corporation and theft by conversion

I would certainly need more facts to give a real answer to your question, but I will go ahead and let you know what the Georgia Code says Theft by Conversion is.

O.C.G.A. 16-8-4(a): A person commits the offense of theft by conversion when, having lawfully obtained funds or other property of another including, but not limited to, leased or rented personal property under an agreement or other known legal obligation to make a specified application of such funds or a specified disposition of such property, he knowingly converts the funds or property to his own use in violation of the agreement or legal obligation. This Code seciton applies whether the applicaton or dispostion is to be made from the funds or property of another or from the accused's own funds or property in equivalent amount when the agreement contemplates that the accused may deal with the funds or property of antoher as his own.

This certainly isn't the full language of the code section, but it generally lets you know the definition of Theft by Conversion.

You are not shielded from criminal prosecution simply because you did this in the course of your business. If you took the customers money and didn't apply it properly and used it for yourself, you may be criminally liable.

Again, I don't know enough facts to give a complete and thorough answer.

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