Roger is the CFO of a corporation and is having a business dinner with some of the company's largest shareholders.Roger knowingly and intentionally starts drinking a variety of alcoholic drinks and even excuses himself to secretly snort cocaine in the men's room.By the end of the evening he is obviously intoxicated.His dinner companions keep buying more rounds of drinks and Roger needs no urging to continue drinking.By dessert he is obviously extremely intoxicated.At that point his companions ask him to sign a variety of documents,which he doesn't read due to his condition.They turn out to be falsified financial statements which are then supplied to the accountants auditing the company.

Question

Quizplus · Accepted Answer

Roger's level of intoxication may have prevented him from forming the required mens rea (mental state) needed to be guilty of criminal fraud. In order to be guilty of a crime, a person must have both the actus reus (guilty act) and mens rea (guilty mind). Roger's diminished mental state due to intoxication may have hindered his ability to intentionally and knowingly sign falsified documents. However, this would need to be proven in court if he were to be charged with criminal fraud.

Roger Is the CFO of a Corporation and Is Having