United States v. Faulkner
United States Court of Appeals for the Ninth Circuit
638 F.2d 129 (1981)
Faulkner (defendant), a truck driver hauling 105 refrigerators for interstate delivery, detoured to call a local appliance-store owner about buying the refrigerators, then went to the store to negotiate a sale. The store owner went out to Faulkner's truck, where Faulkner had broken the truck's seals, entered the cargo area, and opened cartons to show the refrigerators. After the two failed to reach a deal, Faulkner left and was arrested. He was convicted of embezzlement from an interstate shipment and appealed, arguing he never actually removed any refrigerators from the truck.
Whether asportation, or physically carrying away the goods, is a necessary element to prove embezzlement under 18 U.S.C. Section 659.