Which of the following would be the best to use in a court document defending your firm's client from a charge of embezzling?
A. The charges are clearly and unequivocally irrelevant and immaterial, as NY Stat. Ann. § 345.32 refers not to embezzling but to fiscal fraud. Besides, Mr. Jones did not place the money into his own account; the court has no jurisdiction over the matter.
B. Mr. Jones is not guilty of "misappropriation of funds," as defined in NY Stat. Ann. § 345.32. He did not transfer funds into his own name, as required in the statute. Any mistakes that may have occurred in bookkeeping were entirely inadvertent.
C. During the course of the above captioned funds transfer activities, the aforesaid Jones was unaware of the record-keeping requirements; his intent was, contrary to the prosecution's contention, entirely innocent of the required premeditation of the statute.
D. Mr. Jones made a mistake in moving the funds, but he fully intended that the bank would recoup them, with interest. The statute in question, NY Stat. Ann. § 345.32, is not applicable to this case and should, in any event, be contested in a court of different jurisdiction as determined by the higher court.