§ 24-133. Embezzlement of property belonging to person and part owner.

(a)

An agent, servant, employee, trustee, bailee, custodian, attorney at law, collector, or other person who receives or collects in any manner money or other personal property that is partly the property of another person, governmental entity within this state, or other legal entity and partly the property of the agent, servant, employee, trustee, bailee, custodian, attorney at law, collector, or other person shall not embezzle, fraudulently dispose of, convert to his own use, or take or secrete with intent to embezzle or convert to his own use the money or personal property without the consent of the part owner of the money or personal property.

(b)

In a prosecution under this section, it is not a defense that the agent, servant, employee, trustee, bailee, custodian, attorney at law, collector, or other person was entitled to a compensation out of the money or personal property as compensation for collecting or receiving it for its owner, but it is not embezzlement by the agent, servant, employee, trustee, bailee, custodian, attorney at law, collector, or other person to retain his reasonable collection fee on the collection or any other valid interest he has in the money or personal property.

(c)

In a prosecution under this section, the failure, neglect, or refusal of the agent, servant, employee, trustee, bailee, custodian, attorney at law, collector, or other person to pay, deliver, or refund to the proper person the money or personal property entrusted to his care, upon demand, is prima facie proof of intent to embezzle.

State law reference

Similar provisions, MCL 750.181.