Melville Johnson
April 9, 2020
This charge does not occur very often within federal agencies in regards to actions by federal employees, however when they do occur, the situation can be quite serious. Sometimes agencies defer to other charges instead such as theft or related offenses. However, this deferment may be inaccurate and could be problematic for the federal employee if convicted since there are different elements for each charge.

The official definition of embezzlement is “the fraudulent appropriation of property by one lawfully entrusted with its possession." To ‘embezzle’ means to willfully take, or convert to one’s own use another’s money or property, of which the wrongdoer acquired possession lawfully by reason of some office or employment or position of trust.

Because an individual may attain the property in question by legal means, it would be inappropriate to charge a federal employee for embezzlement. In addition to this, the MSPB will look at the circumstances to determine the intent. It is unclear as to whether intent is required to sustain a charge here, but it seems to be one of the things the MSPB looks at when making a final decision. Nevertheless, there is a clear distinction between embezzlement and theft, and this distinction should be recognized.

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters such as these, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your claim and learn how we can assist you.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.
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