However, the trial court was not buying it and instead convicted James and sentenced him to three years in prison. Supreme Court had made in the past, and argued that it could apply to his case as well. He did not come up with this argument out of the blue. In James’ defense, he offered that embezzled funds were not taxable as income because he was legally obligated to return the funds he stole to their rightful owner. Upon the IRS becoming aware of this, they charged him with tax evasion. Eugene James belonged to a labor union, and from that union he embezzled nearly $740,000. Misappropriation Example Involving a Labor Unionįor an example of misappropriation, consider the case of James v. This is why misappropriation is a rather different kind of crime, as it starts out not being a crime at all and evolving into something very different. Had the first person known the other person could do such a thing, he never would have trusted him in the first place. Typically, in situations involving misappropriation, one person trusts another person with property or money, then that person commits a criminal breach of trust by essentially stealing that money or property.
However, with misappropriation, the situation typically starts out innocently enough, until the offender gets the idea to take the funds or property for which he is responsible.Ī criminal breach of trust follows the same principles as someone breaking another person’s trust, only they do so in such a severe manner as for it to be a crime. A person wants to steal something, and then he steals it – crime committed. Instead, the information, money, or property tends to fall into the person’s lap, and rather than remaining trustworthy with it, he abuses it for his own personal purposes.Īnother difference between theft and misappropriation is that, with theft, the crime starts from the very beginning. With misappropriation, there is no direct stealing of property per se. Mainly, theft involves actively taking something that belongs to someone else. While theft and misappropriation may sound like they are one and the same, there is actually a difference between theft and misappropriation. Difference Between Theft and Misappropriation He does not need to publish or share the information to be guilty but, of course, sharing the information is another form of misappropriation. Something as simple as bringing home confidential information from one’s job can be a misappropriation of trade secrets if it is in violation of his employment contract.Īcquiring information through some nefarious means is enough to make someone guilty of this crime. Misappropriation of Trade SecretsĪ person is guilty of misappropriation of trade secrets if he discovers a trade secret through some sort of illicit activity, such as through fraud or bribery. This is because managers have more options available to them insofar as hiding what they steal and how they steal it. However, while it may be difficult to catch employees, it is even harder to catch management who engage in the misappropriation of assets. Typically, employees are responsible for this crime, taking small amounts of a company’s assets because they believe the company will not be able to see such small amounts go missing.
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If a lawyer is guilty of this type of theft then, depending on the laws of that jurisdiction, the Bar Association will likely disbar him and strip him of his license to practice.Ī misappropriation of assets refers to the stealing of another person’s assets. In a nutshell, a person who is responsible for managing another person’s money, and then uses that money for himself or for something the other person would not approve of, may be guilty of this type of theft.įor example, misappropriation of funds occurs when a lawyer intentionally uses a client’s money or property that he is holding in trust for the client on his own personal expenses.
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This may be for the individual’s own personal use, or for some other unauthorized purpose. Misappropriation of FundsĪ misappropriation of funds refers to a person’s deliberate and illegal use of another person’s money. All of these involve theft of some kind, be it funds or property, and all of them are punishable crimes. There are three common types of criminal misappropriation, which include the pilfering of funds, assets, or trade secrets.
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