This question examines liability for co-conspirators.
Question
Amy and Bowser agreed that they would rob the Fourth National Bank on November 1st. The pair bought two guns to aid in their robbery. Amy bought a car for $5000 to aid the pair in their getaway after the robbery occurred.
(A) On the day of the robbery, Amy and Bowser were sitting in the car waiting for the bank to open. Amy served as the treasurer of her local Boys and Girls Club. Figuring she would be skipping town after the robbery and that she might as well burn her bridges, Amy logged onto the Club’s bank account and wired herself $10,000. Can Bowser be convicted of embezzlement for Amy’s actions?
(B) Instead, Amy embezzled the money on October 15th. Amy needed the money to purchase the guns and the car to be used in the robbery. Bowser was unaware of Amy’s embezzlement, but the pair had agreed that Amy would secure the guns and car. Can Bowser be convicted for Amy’s embezzling of the money?
(C) Same facts as (B), but this time Amy also recruited her friend, Carlos, who worked for the Boys and Girls Club. Amy asked Carlos to send her the confirmation code she needed to transfer the money from the Club’s account to her own. Carlos knew Amy was embezzling the money and believed Amy would share some of the money with him. Carlos was unaware of Amy and Bowser’s plan to rob the bank. Can Carlos be convicted of conspiracy to commit robbery?
(D) When Amy went to a sleazy car dealer to purchase the car her and Bowser eventually used to commit the robbery, she seemed very nervous and asked a lot of questions about the traceability of the transaction. Amy’s phone rang and, though she was whispering, the dealer heard Amy say, “I’m at the dealer now, if we don’t get a car, the robbery is going to be a lot more dangerous.” Hearing this, the dealer slyly removed a $2000 price tag from a car, told Amy it cost $5000, and made the sale. Is the dealer now a member of the conspiracy to rob the bank?
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