California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawMedium
A chef, employed by a catering company, is tasked with purchasing ingredients for an event. He uses the company's funds to buy the required ingredients but then intentionally overstates the cost in his expense report, pocketing the difference. Which crime has the chef most likely committed?
- AFalse Pretenses
- BEmbezzlement
- CRobbery
- DLarceny
Show answer & explanationAnswer & explanation
Correct answer: B. Embezzlement
Embezzlement occurs when a person, who is lawfully in possession of the property of another due to a position of trust (like an employee), fraudulently converts that property for their own use. The chef had lawful possession of the company's funds for a specific purpose but then fraudulently converted a portion of them by falsifying the expense report.
Why the other options are wrong
- A. False Pretenses involves obtaining title to property by false representation. Here, the chef had lawful possession of the funds, and it's the fraudulent conversion of a portion of those funds that is key, not the initial obtaining of title.
- C. Robbery requires a taking by force or fear, which is not present in this scenario.
- D. Larceny requires a 'trespassory taking,' meaning an unlawful acquisition of possession. Here, the chef had lawful possession of the funds initially.
Embezzlement
The fraudulent conversion of the property of another by one who is already in lawful possession of it.
- Fraudulent conversion (misappropriation)
- Property of another
- Lawful possession at the time of conversion
- Often involves a position of trust (fiduciary duty)
Memory trick: Theft's trio: take, trick, or trust betray.