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OMG Help me please
  • From Business, General Business
  • Due on 26 Jul, 2016 02:48:00
  • Asked On 20 Jul, 2016 07:50:46
  • Due date has already passed, but you can still post solutions.
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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? 
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Elements of embezzlements
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  • Submitted On 20 Jul, 2016 08:23:14
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Elements of ...
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The elements of embezzlement in this state are: The intentional taking of money
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  • Submitted On 20 Jul, 2016 10:39:41
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The elements of embezzlement present in this fact pattern are While in embezzlement, the definition states it must not be trespassory To say that the taking was not trespassory is to say that the person p...
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FRAUD CRIME, EMBEZZLEMENT
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  • Submitted On 21 Jul, 2016 02:23:12
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Embezzlement is defined as an act of withholding ...
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