People v. Sobiek

Brief Fact Summary.

The superior court granted judgment in favor of Sobiek under the assumption that a person cannot be convicted of embezzling funds from his own partnership.

Synopsis of Rule of Law.

A partner can be found guilty of embezzling from his own partnership. 

Facts.

Sobiek was convicted for embezzling funds from his partnership, the Empire Investment Club. The superior court granted judgment in favor of Sobiek, claiming that Sobiek cannot be convicted of embezzling funds from his own partnership. The people appealed. 

Issue.

Whether a partner can be found guilty of embezzling from his own partnership?

Held.

Yes. Although the California statute does not explicitly include partners within the list of people who can be found guilty of embezzlement, a partner qualifies as a person who is entrusted with or having control over the property of another person. The decision of the superior court is reversed. 

Discussion.

Sobiek can be found guilty of embezzling the Club’s property, because the property is still “of another” as required by the statute, although not wholly of another.