Embezzlement

1.Finding the correct legalissue

2.Finding the correctRule

3.Analyzingthe issue byapplyingthe rule to the facts

4.Stating aconclusion

It seems like none of Michael Lane's friends was spared from misfortunate after their involvement in the trademark infringement lawsuit. Michelle was no exception. As a single mother, she worked for a small furniture store in her neighborhood. She was one of only five employees. She did everything from sales, to account payable and receivables, payroll, and other administrative duties. Last fall, her infant son went to the ER for what turned out to be a minor nursemaid's elbow. But the hospital visit and examination by two doctors resulted in a $6,000 bill not covered by her insurance for various reasons. Desperate for money to pay the medical bill, Michelle decided to borrow money from the furniture store with the intent to pay it back as soon as she could. She then transferred funds from the store's account to a fictitious vendor bank account. She made a total of two transfers. To her disbelief, no one discovered the transfers, and within 3 months, she was to repay the full amount back. She then shut down the fake account. It was only five months later that the fund transfers were discovered by the owner of the store. The owner then fired Michelle and sued her for embezzlement. Michelle argued she did not steal anything - that she merely borrowed the funds, all of which were completely repaid. Would the court agree with her