Embezzlement Is Distinguished from Fraud on the Basis Of

question 63

Multiple Choice

Embezzlement is distinguished from fraud on the basis of:

• A) whether the act occurred against an organization or an individual.
• B) the number of actors "working the scheme."
• C) the dollar value of what was taken and the absence of a weapon in perpetrating the criminal act.
• D) when the criminal intent was formed and whether a serious breach of trust has taken place.

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Definitions:

Material Breach

A significant violation of a contractual obligation that undermines the contract's purpose, giving the aggrieved party the right to terminate the agreement and seek damages.

Operation of Law

Operation of law refers to rights or duties that are automatically assigned to a person by virtue of legal rules, rather than by acts or agreements of the parties involved.

Examination Under Oath

A formal questioning process in a legal setting where the person being examined swears to tell the truth.

Actual Prejudice

Harm or disadvantage that occurs as a result of delays or errors in the legal process.