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Tag Archives: embezzlement

Criminal Practice – Embezzlement – Corporate Agent or Servant – Constructive Possession (access required)

State v. Smalley The state’s evidence showed that defendant had full access to Manus Contracting, Inc.’s checking accounts, that defendant “could write checks on her own,” and defendant “would delegate the funds” of the company. Thus, the state presented sufficient evidence that defendant had the authority to act on behalf of the company. Witness Chris Manus’ testimony proved that the company had control over defendant’s performance. Thus, the state’s evidence showed that defendant was an agent of the company and not an independent contractor.

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Civil Practice – Statute of Limitations – Tolling – Embezzlement – Deferred Prosecution (access required)

Dominion Radio Supply, Inc. v. Colclough Even though defendant was not convicted of embezzling from plaintiff, the statute of limitations on plaintiff’s civil claim was tolled while — pursuant to an order to defer prosecution for the embezzlement charge — defendant was placed on probation and ordered to pay restitution to plaintiff as a condition of probation.

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