Question
According to the instructions in the unit, which of the following would be the best to use in a court document defending your firms client
According to the instructions in the unit, which of the following would be the best to use in a court document defending your firms client from a charge of embezzling?
A. Mr. Jones is not guilty of misappropriation of funds, as defined in NY Stat. Ann. 345.32. He did not transfer funds into his own name, as required in the statute. Any mistakes that may have occurred in bookkeeping were entirely inadvertent.
B. Mr. Jones made a mistake in moving the funds, but he fully intended that the bank would recoup them, with interest. The statute in question, NY Stat. Ann. 345.32, is not applicable to this case and should, in any event, be contested in a court of different jurisdiction as determined by the higher court.
C. The charges are clearly and unequivocally irrelevant and immaterial, as NY Stat. Ann. 345.32 refers not to embezzling but to fiscal fraud. Besides, Mr. Jones did not place the money into his own account; the court has no jurisdiction over the matter.
D. During the course of the above captioned funds transfer activities, the aforesaid Jones was unaware of the record-keeping requirements; his intent was, contrary to the prose- cutions contention, entirely innocent of the required premeditation of the statute.
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