Gary works for DG.\u00a0 DG is a company duly authorized to do business in its state. Gary is punctual, hardworking, and well-liked by his colleagues.\u00a0 By all accounts Gary is a good guy.\u00a0 Two years ago, Gary developed a gambling problem. He spends his off hours at the \u201clounge,\u201d as his finances permit.\u00a0 Over that time, Gary has depleted his savings.\u00a0 As a result of his position at DG, Gary sometimes handles money.\u00a0 On two occasions in the past, Gary has removed Sixty Dollars ($60.00) in cash and voided the transaction so as to evade detection. On both occasions, Gary used some of the Sixty dollars for food, and some for gambling.\u00a0 Gary has always replaced the cash and re-instated the transaction at his next payday.\u00a0 The money was never gone from DG for more than two weeks. Today, DG has suffered no loss of money, everything Gary has taken, he has put back.
Please explain the reasons why Gary has Embezzled from DG.
Please explain the reasons why Gary has not Embezzled from DG.
Instructions: I anticipate your explanations of both topics together will be roughly 3-5 pages, not 3-5 pages for each question.\u00a0 Though how you allocate your explanations between the two topics within that page range is entirely up to you.
The goal of this assignment is not to be \u201cright\u201d or \u201ccorrect.\u201d\u00a0 The goal is to give fair consideration to both sides of an issue with attention to analysis of the law on that issue.\u00a0
This is a \u201cclosed universe\u201d reasoning and writing assignment.\u00a0 You can assume, for the purposes of the assignment, that the legal authority cited on page two below constitutes the entirety of the law on the subject.\u00a0 I am not asking you to do your own research.
You are free to use any resources at your disposal, including talking to your classmates.\u00a0 However, I expect the writing and thinking to be yours alone. I take honor code violations seriously. Do your own work.\u00a0 Write your own paper.
Please pay special attention to the language you use.\u00a0 I am interested in clearly written cogent reasoning. Please use complete sentences which demonstrate attention to organization. Do not respond in the form an outline, poem, or brain-storm. Please type your responses, 12-point double- spaced font is preferred.\u00a0 Please do not \u201cfluff\u201d your writing, or add extra spaces, to meet the minimum page limit.\u00a0 The page limit is a guideline.\u00a0 State Embezzlement Statute (hereinafter \u201cstatute\u201d)( Can be cited as \u201cstatute\u201d):
If any agent, clerk, employee, or servant of any firm or person, or company, embezzles or fraudulently converts to his own use, money, bank notes, or security for money, or any effects or property of any other person, which shall have come into his possession, or been placed under his care or management, by virtue of his office or employment, he shall be guilty of the embezzlement thereof.
State v. Michael (can be cited as \u201cMichael\u201d):
Under the \u201cstatute\u201d it is necessary to show, first, the trust relation of the person charged, and that he falls within the class of persons named; second, that the property or thing claimed to have been embezzled or converted is such property as is embraced in the section; third, that it is the property of another person or corporation; fourth, that it came into the possession, or was placed in the care, of the accused under and by virtue of his office, place or employment; fifth, that his manner of dealing with, or disposing of, the property, constituted a conversion and appropriation of the same to his own use; and, sixth, that the embezzlement or fraudulent conversion of the property to his own use was with the intent to deprive the owner of his property.
State v. Gob (can be cited as \u201cGob\u201d):
To be guilty of embezzlement, one must \u201cconvert\u201d to his own use the money or goods entrusted to his care. Unless and until there has been an appropriation or conversion no offense of embezzlement has been committed.
State v. Holtz (can be cited as \u201cHoltz\u201d):
\u201cConversion\u201d is an unauthorized assumption and exercise of ownership over goods or money belonging to another, to the alteration of their condition or the exclusion of the owner\u2019s right.
State v. Buster (can be cited as \u201cBuster\u201d)
The only criminal intent requisite to a conviction for embezzlement is the purpose to do the act in violation of the statute. No moral turpitude or wicked intent is essential to such a crime.
State v. Lindsey (can be cited as \u201cLindsey\u201d)
The mere detention of money belonging to another, without a fraudulent intent to deprive that other of his property, does not constitute embezzlement.<\/p>\n","protected":false},"excerpt":{"rendered":"
Gary works for DG.\u00a0 DG is a company duly authorized to do business in its state. Gary is punctual, hardworking, and well-liked by his colleagues.\u00a0 By all accounts Gary is a good guy.\u00a0 Two years ago, Gary developed a gambling problem. He spends his off hours at the \u201clounge,\u201d as his finances permit.\u00a0 Over that … Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1727","post","type-post","status-publish","format-standard","hentry","category-essaywr"],"_links":{"self":[{"href":"https:\/\/academicwritersbay.com\/writings\/wp-json\/wp\/v2\/posts\/1727","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/academicwritersbay.com\/writings\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/academicwritersbay.com\/writings\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/academicwritersbay.com\/writings\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/academicwritersbay.com\/writings\/wp-json\/wp\/v2\/comments?post=1727"}],"version-history":[{"count":0,"href":"https:\/\/academicwritersbay.com\/writings\/wp-json\/wp\/v2\/posts\/1727\/revisions"}],"wp:attachment":[{"href":"https:\/\/academicwritersbay.com\/writings\/wp-json\/wp\/v2\/media?parent=1727"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/academicwritersbay.com\/writings\/wp-json\/wp\/v2\/categories?post=1727"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/academicwritersbay.com\/writings\/wp-json\/wp\/v2\/tags?post=1727"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}