haently Stthe ment son. perty son t can possession one more type cr n cover such items as inventory and equipment of a business depriving the owner of use elements are the same as for theft, with the addition of For embement: The person commits the crime while in the employ or position property owner. In other words, embezzlement is theft from a specific tustrson-an employer. Although it is usually limited to funds, embezzle- can sKozlowski and Mark Swartz, the fommer CEO and CFO, respectively, of Tyco Interna- Consider Dennis initially had a hung jury in their trial for larceny Mc Kozlowski and Mr. Swartz, who we ie eventuly convicted of embezzlement, enjoyed personal benefits from Tyco, an embarrassment of personal acquisition at company ow mens rea, criminal intent. The defense that both men raised to counter intent, and apparently successfully enough to flummox some jurors in their first tral company agreements and programs was done secretly. Both men produced evidence related to board knowledge of their perks and approvals through the established and proper company procedures for personal loans and the use of company funds for refurbishing and furnishing their homes. Along the lines of a “Why would I be such an idiot?” defense, the two approached their case as one in which the blatancy expense. Prosecutors must sh was that none of what they obtained through the various co of their conduct would work in their favor in mitigating intent, or mens rea. None of the loans was made to the men without some form of authorization, however perfunctory. Many in the executive ranks and perhaps even some board members were aware of the loans, the fficer loan policy, and the processes used for booking and forgiving the loans mnutes from February 21, 2002, show that the committee was given a list of loans to officers nd also approved all compensation packages. There was no public disclosure of these develop- The issue of board approval on the loans remains a question, but compensation committee Do you believe these facts supported the jury’s finding of mens rea in the retral of the cases gainst Mr. Kozlowski and Mr. Swartz? Was their conduct ethical? ments or the committee’s review. from Andrew Ross Sorkin, “Judge Ends Trial When Tyco uror Reports Threat” New Yok Times. Apni 3 200, Sorkin, “After a Mistrial, Choices to Make” New York Times, Apri 5, 2004 pp. CI. C6 jonathan D nthan D Cate Spending Was No Secret.” Wall treet jounal, February 9, 2004 pp. Al,A23. Andrew Ros Sorkin and P Al: Lauie P. Cohen.T AI, B4, Andrew Delense Strategy More Time in Another Tyco Case,” New York Times, Apil 8 2004, p. C4 Murk Maremont, “Kodowski’s Some Tyco Board Members Knew of Pay Packages, Records Show.” New York Times September 23, 2002 P. Cchen, yco E-Counsel Claims Auditors Knew of Loans,” Wal Street joumal October 22, 2002 p A6 https://media.cheggcdn.com/media%2F17e%2F17ea4b02-b59e-4ede-a970-6d96b8d674d5%2Fimage