Summary of the Case: U.S. v. McRee

U.S. v. McRee,7 F.3d 976 United States Court of Appeals11th Cir. 1993November 22, 1993

Parties:

United States of America (Plaintiff) v. Ann McRee, Joseph H. Hale (Defendants)

Facts:

The IRS erroneously issued tax refund check on 1,9 million that McRee and Hale cashed and dispersed.

Prior proceedings:

Hale and McRee were indicted in August of 1987. In the course of the trial they were found guilty and convicted for the violation of the law and stealing the money from the government. Hale was incarcerated. Hale and McRee appealed and insisted that they obtained money in the legal way.

Issues presented or questions of law:

18 U.S.C. § 641 – the crime of stealing property of the government that involved the assumption of the unlawful cashing and dispersing a cash refund check which was issued erroneously.

Arguments or objectives of the parties:

The plaintiff insisted that the check was issued erroneously and the defendants, McRee and Hale appropriated the money of the government by cashing and dispersing the check.

The defendants, McRee and Hale insisted that they converted money lawfully and they did not breach the law as they cashed the check obtained from IRS.

Rationale:

Money rightfully taken into one’s custody may be converted without any intent to keep or embezzle it merely by commingling it with the custodian’s own, if he was under a duty to keep it separate and intact. “Conversion, however, may be consummated without any intent to keep and without any wrongful taking, where the initial possession by the converter was entirely lawful.” Morissette, 342 U.S. at 271-72, 72 S.Ct. at 254. 

Conclusion:

The check that Hale received and cashed was no longer government property under 18 U.S.C. § 641. Therefore, the court reversed the convictions of Hale and McRee.

References:

U.S. v. McRee,7 F.3d 976 United States Court of Appeals11th Cir. 1993November 22, 1993. Retrieved from https://www.courtlistener.com/opinion/599230/united-states-v-ann-w-mcree-joseph-h-hale/

The terms offer and acceptance. (2016, May 17). Retrieved from

[Accessed: March 28, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016.

[Accessed: March 28, 2024]

freeessays.club (2016) The terms offer and acceptance [Online].
Available at:

[Accessed: March 28, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 28, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 28, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 28, 2024]

"The terms offer and acceptance." freeessays.club, 17 May 2016

[Accessed: March 28, 2024]
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