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At the end of a long day, Sabrina, a cashier for a supermarket is counting the paper money. One of the bills falls from the cash register into the bottom of Sabrina’s purse. What elements of embezzlement are present in this situation? Should Sabrina be convicted of embezzlement? Why or why not?Question II – Fort Thomas Living is a small publishing company located in the Northern Kentucky. Recently, Fort Thomas Living has contracted with several different local writers to publish various magazines and short-story books. Once such transaction involves an exchange of $10,200. Another transaction involves an exchange of $9,600? Are both of these exchanges of money subject to the disclosure requirements of the Money Laundering Control Act?

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Sample Answer

 

 

 

 

Here’s a breakdown of the scenarios you’ve presented:

Scenario 1: Sabrina and the Missing Money

  • Elements of Embezzlement: Embezzlement typically involves these key elements:

    • A Taking: Sabrina physically took possession of the money (even if unintentionally).
    • Of Value: The money has value.
    • By a Person in a Position of Trust: Sabrina, as a cashier, was entrusted with handling the store’s money.
    • Intent to Deprive: This is the crucial element. Was Sabrina intending to keep the money, or was it a genuine accident?

Full Answer Section

 

 

 

  • Should Sabrina be Convicted? It depends on the intent. If it was an accident with no intent to steal, then no. However, if Sabrina intended to keep the money, even if she later returned it, then yes, the elements of embezzlement are satisfied.

Scenario 2: Fort Thomas Living and the Money Laundering Control Act

  • The Law: The Money Laundering Control Act, along with the Bank Secrecy Act, requires financial institutions to report cash transactions exceeding $10,000 to help prevent money laundering.

  • Analysis:

    • The $10,200 transaction: Yes, this transaction exceeds the $10,000 threshold and must be reported.
    • The $9,600 transaction: No, this transaction does not meet the reporting threshold.

Important Note: The law focuses on cash transactions. If these payments to the writers were made by check or electronic transfer, they would not be subject to the same reporting requirements, even if they exceeded $10,000.

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