United States v. Anita G. Whitlock

I concur in Parts I and IV of Judge Robinson’s opinion. In my analysis the evidence does support a conviction for embezzlement as well as for the included offense of willful misapplication. In reaching that conclusion I give neither the statute (18 U.S.C. § 656) nor Moore v. United States, 160 U.S. 268, 269-70, 16 S.Ct. 294, 295, 40 L.Ed. 422 (1895) the highly restrictive construction that is urged in appellant’s brief and adopted by Judge Robinson’s opinion. Courts have affirmed convictions of embezzlement where the accused had “control by virtue of a position of trust” as well as where…