•Are the elements of embezzlement present in this fact pattern?
Question Description
Write a short essay, between 400 and 500 words, responding to the assignment below. You are expected to use the textbook and outside resources to provide accurate and substantive answers to the question. Also, be sure to make use of illustrating examples where appropriate. Submit your work in APA format.
Johnny, the CEO of Plastic Spoon Inc., is in a bit of a bind. His daughter was kidnapped. The kidnappers are demanding a hefty ransom. Unfortunately for Johnny, he cannot afford the ransom. So, Johnny withdraws the ransom money from Plastic Spoon’s account, and he pays the kidnappers. After returning with his daughter, the directors of the corporation notice the missing funds. The directors report the loss to the police. The directors suspect that Johnny misappropriated the funds, and they tell the police about their suspicions. The police search Johnny’s home without a warrant. They find a letter Johnny was writing that confirms that Johnny took the money for the corporation to pay the kidnappers. The police arrest Johnny, and he is charged with theft. Johnny is charged with embezzlement.
The elements of embezzlement in this state are: The intentional taking of money or property by a CEO or other top official in a corporation without consent.
- Are the elements of embezzlement present in this fact pattern?
- What affirmative defenses can Johnny raise?
- Can Johnny get the letter seized by the police suppressed? Why?
This question has not been answered.
Create a free account to get help with this and any other question!
Brown University
1271 Tutors
California Institute of Technology
2131 Tutors
Carnegie Mellon University
982 Tutors
Columbia University
1256 Tutors
Dartmouth University
2113 Tutors
Emory University
2279 Tutors
Harvard University
599 Tutors
Massachusetts Institute of Technology
2319 Tutors
New York University
1645 Tutors
Notre Dam University
1911 Tutors
Oklahoma University
2122 Tutors
Pennsylvania State University
932 Tutors
Princeton University
1211 Tutors
Stanford University
983 Tutors
University of California
1282 Tutors
Oxford University
123 Tutors
Yale University
2325 Tutors