United States v. Whitlock
United States Court of Appeals for the District of Columbia Circuit
663 F.2d 1094 (1980)
- Written by Carolyn Strutton, JD
Facts
Whitlock (defendant) was an employee of a Riggs National Bank branch. She was the note officer, an assistant cashier, and an assistant manager of the branch. The branch had a cash reserve vault that could be accessed only with a key and the vault combination. The head teller had the combination memorized, and three bank officers, including Whitlock, each had a copy of the key. Although this system was intended to require two individuals to jointly open the vault, bank officers had access to the combination and could in fact enter the vault by themselves if they accessed the combination. Whitlock took advantage of this system, accessed the combination, and used it in conjunction with her key to enter the vault and steal $85,000. Whitlock was charged and convicted of embezzlement in violation of 18 U.S.C. § 656, which codifies the federal offense committed by any bank officer or employee who embezzles, takes, or willfully misapplies bank funds. Whitlock appealed, alleging that her confessed theft did not amount to embezzlement because she had never had legitimate possession of the money in the vault.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
Concurrence (MacKinnon, J.)
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