the employee is a constructive trustee of the profit for the employer and the employer has proprietary interest in the profit. hence, it is theft from the employer and the profit is not merely a civil debt owed by the employee to the employer, according to the case of fhr european ventures llp v cedar capital partners llc [2014] uksc 45. where more than one person is involved there could be a conspiracy to defraud and, since the coming into force of the fraud act 2006, the employee could be guilty of fraud by abuse of position.