Question

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?

Answer 1

SOLUTION

A). Yes, they elements of embezzlement are present in this fact pattern. As a CEO of a company he has no right to use company fund without a proper consent from the management even in the worst condition. If was really in need of money then he should have asked the officials for the help in order to use the company funds.

B). In his defense Johnny can raise his conditions that he was helpless as father and to save his daughter he used the money and he is ready to pay every penny he has taken. He can also give the call details of the kidnapers as evidence so that court can also investigate is there any fact in the kidnapping case.

C). Johnny can get the letter suppressed seized by the police when they searched his house. To search anyone house police needs warrant issued by court and in this case it’s given that they searched his house without warrant.