•Cheryl is bank teller. She is stealing $99 per day in cash without getting caught over an eight-month period. She invests it in a catering business she is starting with Floyd, another teller. Floyd tries that same stealing but is caught on the first try. Both of them are prosecuted. What is the likely outcome?
–Both are guilty only of larceny
–Both are guilty of larceny and violating RICO
–Both are guilty of embezzlement and Cheryl is also guilty to violating RICO
–Both are guilty of embezzlement and of violating RICO
I think both Cherly and Floyd violate RICO and larceny. Because bank's money isn't their property. both intend to steal money on purpose. so i think larceny.
How do you think?
I'm not sure which one is right.
Answer :-
Both are guilty of embezzlement and Cheryl is also guilty to violating RICO.
As per my opinion this option is true. Let me tell you why.
Firstly, both Cheryl and Floyd is found guilty of embezzlement. Embezzlement is when a person secretly steals or takes away money which has been given to them to take care of, that means they are responsible for it. In the given case, as both Cheryl and Floyd are the bank teller whose job is to take care of the bank's money and to deal with the customers, they thus have the responsibility. But as Cheryl is stealing the cash for nearly 8 months and Floyd too tried to steal the cash, despite of being a failure, they both have violated the law. So, fo this reason both of them are guilty of embezzlement.
Secondly, Cheryl alone is guilty to violate RICO. The reason behind it is that "Racketeer Influenced and Corrupt Organizations (RICO)" Law would be violated when a person would start an illegal business for the purpose of making some profit. Although the business started by Cheryl and Floyd is not illegal but as Cheryl invested the bank's stealed money into that business so it would also considered as illegal. Here, Floyd would not be considered as guilty to violate RICO as he didn't successfully steal money as he is caught on his first try, so he didn't invested any steal cash to the business.
Larceny would not be correct here, as it is stealing someone's personal property and here, there is no personal property. The cash which has been stolen belongs to Bank which is no one's personal property.
Hopefully I have explained clearly :)
But still if you have any doubt, please comment below. Thanks.
•Cheryl is bank teller. She is stealing $99 per day in cash without getting caught over...