The manager asks the Defendant to take the daily deposit to the bank around the corner after the store closes. The Defendant is an employee of the auto parts store in downtown Fort Mill, S.C. Examples of Breach of Trust with Fraudulent Intent in South Carolina Although intent is hard to prove, it can be inferred from the Defendant’s actions.ġ. It is important to note that hiring or counseling another person to do the above can also result in charges for Breach of Trust with Fraudulent Intent.īreach of Trust with Fraudulent Intent requires the prosecutor (known as the “Solicitor: in South Carolina) to prove specific intent, meaning that they must show the Defendant meant to deprive owner of the goods/funds/property. The Defendant intended to deprive or defraud the owner of the assets.The Defendant converted the assets for their own personal use.
The alleged victim entrusted assets into the Defendant’s possession.A fiduciary relationship exists between the Defendant and alleged victim.In order to be convicted of Breach of Trust with Fraudulent Intent, the elements generally include the following: This offense occurs when a person, who is trusted with managing another person’s property, steals or takes the property for their own personal use.Ĭertain elements must be proved beyond a reasonable doubt before a person can be convicted of a criminal offense.
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