Which statement correctly describes common law embezzlement?

• A. Taking property from another by trespass
• B. Taking property with fraudulent intent and within the defendant's discretionary power and possession
• C. Taking by trick
• D. False pretenses to obtain title

Answer: (B)

Common law embezzlement is the fraudulent conversion of someone else’s property by a person who has lawful possession or control of that property because of a trusted relationship (like employee or agent). The key elements are that the property was entrusted to the defendant, the defendant used it in a way that benefits themselves, and there was fraudulent intent to deprive the owner of it. The statement that fits this best describes taking property with fraudulent intent and within the defendant’s discretionary power and possession, because it captures both the entrusted possession and the misuse of that possession for personal gain.

Taking property from another by trespass describes larceny, which involves a wrongful, non‑consensual taking. Taking by trick or obtaining title by false pretenses involve other theft theories (larceny by trick or false pretenses) that do not require the initial lawful possession and misappropriation from within a trusted role.