No Charges for Occupational Embezzlement, Breach of Trust, etc.

Rather than responding to the allegations raised in this case as a single group, MEGA X reorganized the structure of the case based on what had to be proven for each individual allegation.

With respect to the use of funds, the issues were organized around the circumstances of the fund usage identified as problematic in the disposition document. In this case, it was important to establish that the mere fact that the funds had been used did not, by itself, immediately constitute embezzlement or breach of trust.

MEGA X also distinguished and organized the issues concerning the intent to commit breach of trust and the intent to embezzle. The legal analysis focused on the elements for determining each allegation and the degree of proof required, thereby demonstrating that criminal liability cannot be established based solely on suspicion or the outcome. Because multiple allegations had been raised together, it was important to address occupational embezzlement, occupational breach of trust, and document-related offenses separately, and to respond with a focus on the sufficiency of the evidence for each allegation.