Question: Fry's Electronics is a large retail chain that sells electronics and computer hardware. A Fry's Electronics Vice President (VP) allegedly embezzled over $65 million from
Fry's Electronics is a large retail chain that sells electronics and computer hardware. A Fry's Electronics Vice President (VP) allegedly embezzled over $65 million from the retailer to fund a lavish lifestyle that included massive gambling and a fondness for driving expensive sports cars. The VPs gambling habits were so massive that the casino he frequently visited would charter private jets to fly him to Las Vegas to gamble.
The VP is accused by the IRS of cutting deals with some of Fry's largest suppliers to buy larger orders of goods from them in return for free stuff, money, and higher than normal commissions.
The elaborate and lucrative scheme toppled when the VP left spreadsheets on his desk outlining the payments and alleged kickbacks from the suppliers. The spreadsheets were discovered by another Fry's executive while the VP was away from the office.
The law in this jurisdiction states that A person commits theft if, without lawful authority, the person knowinglyControls property of another with the intent to deprive the other person of such property. If the theft of property has a value of twenty-five thousand dollars or more, the defendant faces 3-13 years in prison.
The prosecutor has to show that the VP committed the embezzlement beyond a reasonable doubt. Your task is to help the prosecutor meet this burden of proof by completing an analysis of the following:
- Analyze the elements of the crime (actus reus and mens rea) for theft (embezzlement) using the statute and facts provided;
- Explain the level of crime the VP faces and how you know;
- Explain at least three different types of punishments the VP could face; and
- Explain the burden of proof in this case and the evidence the prosecutor has, as discussed in the article, to meet the burden.
Step by Step Solution
There are 3 Steps involved in it
Get step-by-step solutions from verified subject matter experts
