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Question 2
Barry is the computer systems director for a medium-sized consulting firm. One night Barry is at happy hour at a local bar talking about his job with some people he has just met. Barry mentions that he needs to buy computers for the three new persons the firm has recently hired. One of the persons he has just met, Tom, asks Barry what kind of computers he plans to purchase. Barry says, “I am not sure. I’m still checking out what’s available.” Tom says, “Well, I can get you anything you want for much less than the stores.” A week later Barry calls Tom and says he is interested in the Cybermega 4000 model, and would order three if the price was right. Tom quotes a price, which is about half the normal price. Three days later Tom comes to Barry’s office with the three computers. Barry is curious why only one is in a box and Tom replies. “Oh, I thought you wouldn’t want the trash in your office. I also already sent in the warranty cards for you to save you the trouble.” Later it is learned that the computers were stolen a few days before Tom took them to Barry. Is Barry or the consulting firm guilty of receiving stolen property? What actions should Barry take? Please present your reasons.
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In order for Barry to be found guilty or his organization to be held liable in regards to the receipt of stolen property, the following must be present:
- The stolen property value must be at least $5,000
- The person acted knowingly and willfully
- The person received, concealed, stored or disposed of stolen property
- The items were moving or constituted part of …
