Legal Question in Criminal Law in Maryland

Is it embezzlement or not?

I was the General Manager of a auto body repair shop. The bank account used for the shop was originally the owner's personal account. He added me on as a joint owner without survivorship. The owner left me in complete control of the business, and I had the authority to make all decisions. I paid several personal bills out of the account without asking his permission. I no longer work there and he is telling people that he fired me because I was embezzling money from him. Can I be charged with embezzlement if it was a personal account and I was a joint owner? If he was able to press charges and it came down to my word against his, what are the chances that I would be prosecuted if the account was a personal account and was in both of our names?


Asked on 1/17/03, 8:43 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Is it embezzlement or not?

If you think that you can avoid a criminal charge of misappropriation, you are wrong. As general manager, you were entrusted to apply the funds of the business for a business purpose. Paying your own personal bills is not a business purpose. An embezzler always takes from lawful possession and engages in unlawful conversion...sound familiar? For embezzlement to lie, the embezzler, at law, need not benefit from the conversion. The point is that there be an unlawful conversion. If you are confronted with such a situation, you should contact an attorney as a conviction may result in significant penalty. What you do now may make the difference as to how this matter resolves.

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Answered on 1/17/03, 10:11 pm


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