An attorney specializes in prosecuting collections actions owed $15,000 to business for purchase of desktop publishing system. Business threatened to repossess the desktop system because attorney was delinquent in payments. Business previously hired attorney to collect overdue account in amt of $16,000 owed to business by customer. Attorney sent demand letter to customer threatening legal action. Attorney hoped customer would pay immediately because attorney intended to apply the funds collected from customer to her account (attorney) with business. When customer received the letter, he sent a check for $15,000 to attorney office that afternoon. Attorney deposited the check into her account. Attorney wrote a check for that account to business for $13,500 represented $15,000 from customer less attorney ten percent fee and sent $13,500 to business as payment for her desktop publishing system. What theft offense can attorney be found to be guilty of....larceny, false pretenses, or embezzlement?
Basically, what the attorney did was steal the customer's money with the outstanding bill. More specifically, this is a crime involving a false pretense. All of the false pretense criteria are satisfied. A false pretense must include:
1) a false representation (we have that here),
2) of a ...
The solution determines what theft offense the attorney can be found guilty of.