Florida Broker Practice Exam

If a sales associate takes original records from a former employer's office, what crime are they committing?

1. Fraud

2. Embezzlement

3. Larceny

4. Bribery

The correct answer is: Larceny

When a sales associate takes original records from a former employer's office without permission, the act constitutes larceny. Larceny is defined as the unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of it. In this context, the original records legally belong to the former employer, and taking them without authorization meets the criteria for larceny, as it involves the theft of property. Fraud would involve deceit or misrepresentation to gain an undeserved benefit or to cause harm, which isn't applicable here since the act is straightforward theft. Embezzlement generally involves a person who has lawful access to the property misappropriating it for their own use, which may not apply if the individual did not have access to the records after their employment ended. Bribery involves offering something of value to influence a decision or action, which is unrelated to the act of taking records. Thus, the actions of the sales associate are most accurately described as larceny.