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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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Before I left my job two years ago I gave people raises. I

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Before I left my job two years ago I gave people raises. I think I messed up on vacation pay and may have overpaid them when they took their vacation at a later date. Is this embezzelment if I didn't benefit or wasn't working for them.



you are correct - you would needed to have done it intentionally and knowingly and had an intention of getting a "kick back" for the "mistake"


the elements for proof are


there was a trust relationship between the defendant and the private organization or State or local government agency -

the property came into the possession or care of the defendant by virtue of his/her employment -

the dealing with the property constituted a fraudulent conversion or appropriation of it to his/her own use -

you acted with the intent to deprive the owner of the use of this property

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