What action is required for a successful embezzlement claim?

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For a successful embezzlement claim, it is required that the property must be voluntarily given to the wrongdoer. Embezzlement typically involves an individual in a position of trust, such as an employee or fiduciary, who is given access to someone else's property with the intention of depriving the owner of that property for their own use.

When the property is voluntarily given to the wrongdoer, it highlights the trust element inherent in embezzlement cases. The victim grants access or control over the property, believing it will be used appropriately. However, the wrongdoer's intention to use that property for personal gain constitutes embezzlement.

In contrast, the other options do not accurately capture the essence of embezzlement. Simply demonstrating conversion of property does not address the crucial aspect of trust and intention. A witness to the theft is unnecessary for embezzlement, as it can occur without anyone observing the act. Lastly, having physical custody alone does not satisfy the requirement for embezzlement, since it is the fraudulent intention and the betrayal of trust that are central to the crime.

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