Kelly has been charged by the Calvert County (Maryland) State's Attorney with embezzlement by her soccer team organization. She has retained Holland to represent her.

Holland asks you to review the facts in Kelly's case and make an analysis and report for Holland's review to assist with planning Kelly's defense.

Facts: Kelly is team captain for her soccer team, Chesapeake City United. She is in charge of collecting monthly dues from team members to pay for dinners and refreshments after each game. On the first day of each month, Kelly collects $100 from each team member and uses the money throughout the month to buy food for the team. When there is excess money, Kelly deposits it in the team's bank account, in the team's name.

In September, Kelly over-charged her personal credit card and was short on funds to make her credit card payment. Kelly, without informing her teammates or the team manager, used $600 from the team's bank account to pay her personal credit card.

Kelly intended to pay back the money in two weeks when she was paid for her part-time job as a substitute teacher. However, Kelly forgot to pay back the money to the team's bank account.

Three months later, the team manager balanced the team bank account and discovered the discrepancy in the bank account. The manager questioned Kelly who admitted taking the money and that she had forgotten to repay it.

Instructions:

1. Analyze and explain whether Kelly's conduct constitutes embezzlement and why or why not.

(USE APPLICABLE MARYLAND LAW - Consult Westlaw.)

2. Analyze and conclude whether Kelly is likely to be convicted of embezzlement and why or why not.

3. Research and identify a case that is relevant to Kelly's case and supports your conclusion in #2 above.

• Cite the case in Bluebook format
• Please try to use a case from Maryland

4. Summarize the facts in the case identified in #3 above.

5. Analyze and explain why the case cited in #3 above is relevant to Kelly's case and why it supports your conclusion in #2 above.

Format

Report

TO: Beckett Holland, Esq.

FROM: (your name), Paralegal

RE: Analysis of Embezzlement Claim Against Kelly

Date:

Brief summary of the facts.

1.

2.

3.

4.

5.

Label all parts of analysis.

Write in correct, complete sentences in paragraph format, unless instructed otherwise.