Vermont Statutes Title 13 Sec. 2539
Terms Used In Vermont Statutes Title 13 Sec. 2539
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
§ 2539. Pleading and proof of money embezzled and time of offense
(a) In prosecutions for embezzling, fraudulently converting to one’s own use, or taking and secreting with intent so to embezzle or fraudulently convert, the bullion, money, notes, bank notes, checks, drafts, bills of exchange, obligations, or other securities for money, of a person, bank, corporation, or partnership, by a cashier or other officer, clerk, agent, or servant, it shall be sufficient to allege generally in the indictment an embezzlement, fraudulent conversion, or taking with such intent, of money to a certain amount, without specifying the particulars thereof.
(b) At the trial, evidence may be given of any such embezzlement, fraudulent conversion, or taking with such intent committed within six months next before the time stated in the indictment. It shall be sufficient to maintain the charge in the indictment and shall not be deemed a variance if it is proved that bullion, money, notes, bank notes, checks, drafts, bills of exchange, or other securities for money of such person, bank, corporation, or partnership, of whatever amount, were fraudulently embezzled, converted, or taken with such intent by the respondent within such period of six months.