I mentioned this before, but for all those saying "he just spent the money it happens". What mike did is the VERY definition of Embezzlment... the state of Utah is in the midst of persecuting a person for the exact same thing.. Interesting note, she stole 1.3 million, and if mike is looking for 600k along with the 681 k he currently has, that is 1.3 million as well
Regardless, in the state of Utah, anything more 9,999.00 taken is a class two felony, punishable by up to 20 years in prison for the first offense.
Take into account if he used any of that money to purchase stock/software/ski vacation, that is wire fraud, for each purchase he made.
The more publicity this gets, the more pressure he will be under.
Bankruptcy will not keep him out of jail, especially considering they are actively persecuting guys like mike. If he cuts a deal for a shorter jail sentence in exchange for making everyone whole, so be it, but it baffles me that so many people think mike will just declare bankruptcy and give the finger to everyone, he is in deep trouble from a variety of angles
Walk, I'm not a lawyer but I suspect it could only be embezzlement if he took the money out of the company for other than legitimate company use.
So far haven't seen any actual evidence of where the money went to, just people speculating about it.
If he did take the money for himself, yes, probably embezzlement.
If he did not, if he actually paid the software company what he said for what would have been a legitimate (if unwise) business expense, then I don't believe there is much chance it could be considered embezzlement. Though depending on the laws dealing with fraud and what, if any, guarantees he made about the escrow, it could be considered fraud.
Again, I'm not a lawyer to say for sure. But I don't think anyone can claim with certainty it was embezzlement when there's no evidence yet of where the money actually went.