The wrongful conversion of anothers a property by one who is lawfully in possession of the property
Question:
The wrongful conversion of another’s a property by one who is lawfully in possession of the property (See Learning Resources from Week 3).
Larceny: Similar but not the same as embezzlement; with larceny, the person taking the property was NOT in lawful possession of the property (See Learning Resources from Week 3).
For both crimes, there has to be “intent to permanently deprive.”
Now, the facts:
Gabriella was a manager of a fast food restaurant. One of her duties was to gather all the money received during the preceding 24-hour period at 3:00 pm each weekday and deposit that money in the restaurant account at the bank. Gabriela was in financial difficulties but had practiced a method of playing casino blackjack which she felt would enable her to win consistently if only she had a stake to begin playing with. One Friday, instead of depositing the cash receipts for the day at the bank, Gabriella took the restaurant cash and drove across the state line to a city where gambling was legal. Gabriela played blackjack using her system for the entire weekend, pausing only to sleep, but on Sunday evening was only a few hundred dollars ahead of the amount with which she had started. Gabriela drove back to her home and the next morning deposited in the restaurant bank account an amount equal to the Friday restaurant receipts, plus an appropriate amount of interest.
You work for the government, and your supervisor has asked you to write a paragraph or two supporting choosing to arrest Gabriela for either 1) larceny or 2) embezzlement, comparing the facts above to the definitions as described. You should include why you choose larceny or embezzlement, why you dismissed the one you did not choose, and how you addressed the issue of "intent to permanently deprive."
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill