Embezzlement versus Larceny: Ice Cream Truck?

Larceny is a legal term for theft or stealing, the taking of another’s property for personal gain with no intent to return the property (permanently deprive rightful owner of their property).

Embezzlement is a form of larceny, with some unique characteristics.  Embezzlement involves an individual using (and exploiting) a position of trust and opportunity, committing theft acts over time, with or without intention of returning what was stolen, and the activity is concealed (covered up) so as to avoid detection, allowing the suspect to continue perpetrating future theft acts.

Stealing the end of day deposit rather than taking it to the bank to be deposited into an organization’s bank account would be larceny.

Stealing (skimming) $100 from each day’s deposit, and altering the bank deposit slip to reflect the reduced amount to be deposited,  would be along the lines of an embezzlement.

In this recent article, it appeared the driver of an ice cream truck stole the truck’s contents.  One event, discovered all at once, and not well concealed.  Larceny, not embezzlement.

Had the driver skimmed cash or ice cream from the truck and deposits, and concealed the short (theft) by altering his records, that would have been an embezzlement.

Here’s the article:

 Ice Cream Truck Embezzlement

Omaha Police received a report of embezzlement, filed on May 17. The manager of Frosty Treats filed the report, saying an employee stole all the ice cream from one of the trucks.

The manager told police when a driver went to pick up the tuck near 10th and Arbor on May 16, the truck was empty of all its ice cream.

A neighbor in the area said he or she witnessed the employee of the truck unloading all the ice cream into his home.

The manager told police there was $1600 to $1700 worth of ice cream in the truck.



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