Many California business professionals sit on a board whether of a nonprofit or another business. The entity trusts the professionals sitting on the board to make good use of their funds. When the board does not, a board member may face embezzlement charges.
The California Penal Code Chapter 6 section 503-515 discusses embezzlement. Board members fall under section 506 as they act as administrators, trustee or agents of the board. Embezzlement comes into play when the person entrusted with property uses it for a purpose other than intended.
Section 506 goes into more detail outlining the payment of contractors such as for building renovations or other improvements. The money supplied for these purposes should go toward paying the contractor, laborers and materials. Should the board member use the funds for another purpose, it would be unlawful.
The Judicial Council of California provides Civil Jury Instructions. These come into play should a person face trial. The board member must have broken their fiduciary duty for an embezzlement conviction. Section 1400 deals with false imprisonment or arrest of a person. The defendant must prove why law enforcement arrested the plaintiff when it happens without a warrant.
Some defenses a plaintiff may lodge fall around an unlawful arrest by a peace officer, law enforcement official or lack of a warrant. In Section 1500, the court decides what is probable cause in the case. The legal determination may have to wait on the jury’s review of preliminary facts. The role of an attorney is to help defend against malicious prosecution and provide evidence to support their client against wrongful prosecution.
