Criminal – Embezzlement – Indictment – Fatal Variance

By Deborah Elkins
Published: November 10, 2008

A physician who withheld funds from his employees’ pay for state income taxes, but did not forward the withheld tax payments to the Commonwealth of Virginia, is guilty of embezzlement under Va. Code § 18.2-111, the Virginia Supreme Court says. Defendant asserts the evidence was insufficient to support his embezzlement convictions. According to defendant, the funds ...

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