Darryl McCauley, of Wilmington, pled Guilty to stealing millions of dollars from his celebrity comedian half-brother, Dane Cook.
McCauley had been indicted in Middlesex Superior Court on 27 counts of Larceny Over $250, three counts of Forgery, Embezzlement, Uttering, and Conspiracy. McCauley allegedly stole millions from Dane Cook when he worked as his business manager from the early 1990's to December of 2008. The indictment alleged that he wrote company checks to himself and transferred funds to his personal bank account.
As a result of his plea deal, McCauley was sentenced to five to six years in state prison.
In Massachusetts, Larceny is the wrongful taking of the personal property from another person, with the intent to deprive that person of that property permanently. In order to be convicted of the crime of Larceny, the prosecutor is required to prove four things beyond a reasonable doubt:
- That the defendant took the property;
- That the property belonged to someone other than the defendant;
- That the property was taken from the person who owned it or from the other person's immediate control; and
- That the defendant did so with the intent to deprive that person of the property permanently.
Embezzlement, on the the other hand, is the unlawful conversion of the property of another with the intent to steal it. The crime of Embezzlement is met if the prosecutor can prove:
- That the defendant, while in a position of trust or confidence, was entrusted with possession of personal property belonging to another person;
- That the defendant fraudulently took, hid or converted that property for his own use without the consent of the owner; and
- That the defendant did so with the intent to deprive the owner of that property permanently.
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