If a cashier at a store swipes gift cards and puts money on them and then gives them to her friends to redeem is that considered theft, larceny or embezzlement?
2006-09-02 15:21:47 · 9 answers · asked by lagosalado67 1 in Politics & Government ➔ Law & Ethics
yup!
2006-09-02 15:23:56 · answer #1 · answered by Michael S 4 · 0⤊ 0⤋
Laws vary by state. But under the majority of states, theft includes both larceny and embezzlement, as those crimes as often defined.
Embezzlement is when you take something and make it yours, where you were already authorized to be in possession of the item. So, for example, if you were using a company computer, and you decided to sell it to a third-party. That's embezzlement.
Larceny is when you take something that you did not have legal possession of. So, anything you pick up and carry away, with the intent to steal, that is larceny.
In the hypothetical example, the cashier would probably be found to have had lawful possession of the cards, since part of her job entailed taking the cares and putting money on them. However, doing so as described above is beyond the scope of her authority, as is giving them to her friend. So probably embezzlement.
Again laws vary by state, as do the definitions of various crimes. If you have specific legal questions, you should consult a licensed attorney in your state.
2006-09-02 15:33:23 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
It would definitely be embezzlement
def of embezzle
To take (money, for example) for one's own use in violation of a trust.
It is also a theft and larceny -
def of larceny
NOUN:
The unlawful taking and removing of another's personal property with the intent of permanently depriving the owner; theft
As to whether or not it is a petty larceny or grand larceny would depend on the amount taken, and who is trying the case.
For example she steals 10 cards and puts $100 on each. It can be charged as 10 counts of petty larceny, if each card is considered a separate theft, or grand larceny if it is considered to be one theft equal or greater than $1000..
2006-09-02 15:40:18 · answer #3 · answered by crisagi 4 · 0⤊ 0⤋
Well that is a question that, as one of the other answers stated, is up to the local municipality. Most commonly it would be considered internal theft and could be pushed up to an embezzelment charge depending on how much money was transacted under the cashier in question. By no means is this set in stone, depending on the prosecuting attorney and or the DA they will adjust the charges depending on the amount of money that was illegally rung up. Hope that helps, but it is a big grey area.
2006-09-02 15:36:18 · answer #4 · answered by sergeantknight321 1 · 0⤊ 0⤋
each of the terms will depend on the specific state law.
some states may not even have crimes using those names, often the other forms of theft all fall under theft just various levels. which can be determined by the amount nad how they are done
2006-09-02 15:25:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋
All of the above.
2006-09-05 17:54:22 · answer #6 · answered by jerofjungle 5 · 0⤊ 0⤋
At least two of the three...maybe all three.
2006-09-06 06:45:42 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I would say, yes, all three! Wow, what nerve!
2006-09-02 15:27:21 · answer #8 · answered by blondee 5 · 0⤊ 0⤋
d) all of the above
2006-09-02 15:27:09 · answer #9 · answered by westgaliberty 6 · 0⤊ 0⤋