Legal Question in Criminal Law in New Jersey

Is this embezzlement

Father gave Son funds, a gift, on the condition that half be held for daughter and given when the Wife died.

Don't the funds the Son held from this conditional giving for 12 years have to be treated as a trust?

Son commingled his sister's portion of the funds with his own for over 10 years before the Mother/Wife died and made inestments with the funds.

While the mother lived, Son admitted his obligation to his sister re; the funds.

After Mother died, Brother refused to show the gains from the investments made with that money while he held it.

After Mother died, Brother tried to force sister into accepting only the principle.

Brother then denied any of the funds belonged to his sister, and . He then refused to disburse any of it. Question; Is this embezzlement?


Asked on 4/03/07, 5:08 pm

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Is this embezzlement

Not that I see. Now if you gave him the money to give to them at some point and he went and did bought himself a car and they never got the money, yeah you'd have a criminal case. But not here.

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Answered on 4/03/07, 8:20 pm


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