Sunday, October 4, 2009

Glenmore's Michael Comer Slated for Grand Jury in December. What Are the Elements of Embezzlement?

The embezzlement case of Michael Comer, the Ex-etc. of Glenmore, will be handed over to a Grand Jury, which will convene December 7, 2009, 9:30 a.m.

Will this December 7 be another day that will live in infamy? Or will the Grand Jury decide that there's not enough evidence for the case to go to trial?

There are clearly monies missing from the Glenmore Homeowner's Association.  (You may link to the Glenmore Audit by scrolling to the bottom of this post.)  But whether this is the result of criminal intent and conduct, or just poorly handled funds--yes, this is the $666+K question.

The basic elements of embezzlement are as follows (from the common law):

  • Property/money must belong to an entity or person other than the accused
  • Property must be "converted" before the accused is in possession of it (for instance, a check must be cashed or a deposit made)
  • Accused is typically in a position of trust so that the money is in possession due to some legitimate duty
  • The accused must have an intent to defraud the rightful owner at the time of the "conversion" (for instance, a deposit or check cashing)

A good lawyer will go to town, so to speak, with elements two and four.  If the Grand Jury decides there is enough evidence for the charges to proceed to trial, Michael Comer will have a very good lawyer.

Related Reading: 
NBC29 Video (Thanks, commenter) 
Comer's Property Asking Prices Reduced
Glenmore Assoc. Reaches Out of Court Settlement to Pay Back Alleged Embezzlement
Comer: The Unanswered Questions 
Statement from Kandi Kessler Comer 
The Glenmore Audit

1 comment:

Anonymous said...

Watching . . . "The embezzlement case of Michael Comer, the Ex-etc. of Glenmore, will be handed over to a Grand Jury, which will convene December 7, 2009, 9:30 a.m."

It's interesting that a common shoplifter will go to jail for pinching petty cash and Mr. Comer is 'special'. Can't wait to see if/how the Commonwealth prosecutes grand larceny.