Question

FACTS: One of CompTac’s employees in its accounting division, Alan Green, has a gambling problem. To repay a gambling debt of $10,000, Green decides to “borrow” from CompTac to cover the debt. Using his knowledge of CompTac account numbers, Green electronically transfers $10,000 from a CompTac account into his personal checking account. A week later, he is luckier at gambling and uses the same electronic procedures to transfer funds from his personal checking account back to the CompTac account. Given the facts of this case, discuss fully and answer the issue in question, by applying the rule of law to the facts of this case, and arrive to a conclusion.

Has Green committed any crimes? If so, what are they? [Define the crimes and cyber-crimes committed when a person is entrusted with another’s property or money fraudulently appropriated, the defenses, if any, and Explain]

Answer 1

Alan Green has committed the crime of Embezzlement. Alan Green was entrusted with the company's funds. He used company's fund for his own interest, though he returned back through the same channel, but this cannot be defended for the act of Embezzlement.

Embezzlement is an act of crime in which the person entrusted with money or fund's fradulently appropriates it, for their use, by transferring it to their accounts electronically. Returning it to the same account electronically doesn't gives the defense to the perpetrators of this act.