The most likely legal question in this case is:
Donald Dexter, who is the mayor of Anytown, Yourstate has been charged with attempted embezzlement after it was alleged that he attempted to use city funds to pay for a lavish personal meal for himself and ten of his political supporters. The waiter who served the meal (who happened to be a friend of a woman running to replace Mayor Dexter) called the prosecutor’s office and informed them that when Mayor Dexter was presented with the $825 bill for the meal, he first tendered a procurement card issued by the city. However, before the waiter left the table, Dexter retrieved the procurement card and replaced it with his own credit card. Under the Yourstate statute, an attempt consists of: “(1) the intent to commit a particular crime; (2) an overt act toward the commission of that crime; and (3) the failure to complete the commission of that crime.”
a. whether offering and then retrieving the procurement card constitutes an overt act within the meaning of the state attempt statute
b. whether the waiter had an improper motive in reporting the incident to the prosecutor’s office
c. whether Dexter’s initial offering of the procurement card was inadvertent or manifested an intent to use city funds to pay for the meal
d. whether the city’s laws prohibited the use of city funds to pay for benefits to the political supporters of city officials
Answer: A
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