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Duress
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?
The requirements below must be met for your paper to be accepted
and graded:
·
Write between 500
– 750 words (approximately 2 – 3 pages) using Microsoft Word.
·
Attempt APA style,
see example below.
·
Use font size 12
and 1” margins.
·
Include cover page
and reference page.
·
At least 60% of
your paper must be original content/writing.
·
No more than 40%
of your content/information may come from references.
·
Use at least two
references from outside the course material, preferably from EBSCOhost.
Text book, lectures, and other materials in the course may be used, but
are not counted toward the two reference requirement.
Reference material (data, dates, graphs, quotes, paraphrased
words, values, etc.) must be identified in the paper and listed on a reference
page.Reference material (data, dates, graphs, quotes, paraphrased words,
values, etc.) must come from sources such as, scholarly journals found in
EBSCOhost, online newspapers such as The Wall Street Journal, government
websites, etc. Sources such as Wikis, Yahoo Answers, eHow, etc. are not
acceptable
