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Questions about Misappropriation

What is the meaning of misappropriation?

Misappropriation technically means the intentional misuse or illegal use of another person’s property or funds for self use or any other unauthorized use. In most cases, this term is used when mishandling occurs and the crime is committed by a person with a fiduciary duty. Examples of people who carry a fiduciary duty are public officials, trustees, executors or administrators of a will or estate. Hence, if people who have been entrusted with a responsibility to protect another person’s asset break this trust by knowingly and willingly committing a fraud and using the funds inappropriately, it is referred to as misappropriation. Misappropriation is considered a felony and is punishable by law.

What does misappropriation of likeness mean?

Misappropriation of likeness is usually used in cases when someone uses another person’s name or reputation for financial gain or benefits. An example of misappropriation of likeness would be if a consultant hired by a client uses the client’s name and reference in his/her personal marketing or advertising material without prior consent or approval from the concerned client.

Can a trustee be convicted for executing a will or trust improperly?

If improper treatment includes misappropriation of funds from a family trust or estate, it could be considered as serious as criminal embezzlement. All other deeds or actions of the trustee may not have such serious repercussions other than misappropriation. It would most likely lead to a criminal prosecution and conviction if proven guilty.

The CEO of a Limited Liability Company (LLC) used significant funds of the company to purchase an asset in his name. This amount was later returned to the company. Is this misappropriation?

Based on the details provided, the CEO has deliberately used the company funds for a personal purchase though the funds were returned in a few days. This is a violation of his fiduciary duty to the company and amounts to embezzlement or misappropriation of company funds. The CEO is liable for any losses suffered by the shareholders and the board members can choose to take criminal action against him.

My parents were acting trustees of my trust fund since I turned 21 years old. They are denying me the fund now since our relationship has deteriorated. What can I do?

As trustees of a trust fund or estate, your parents are bound by the duty to adhere to the terms and conditions of the trust. If they refrain from doing so you can file a suit in civil court. You can request the court to terminate their role as trustees for not fulfilling their responsibility and ask for a complete accounting to rule out the possibility of misappropriation of funds. In case misappropriation is discovered, you can also sue for actual and punitive damages. Additionally the court can be requested to have the trust dissolved and the amount allocated to you.

How do I deal with employees who have misappropriated funds while submitting travel expenses?

Employees who go against company policy by submitting deceitful travel expenses can seem like they are trying to indulge in misappropriation of funds. The first step to address this would be schedule an interview with human resources to make them aware of the evidence you have. The next step would be to question them on the authenticity of the expenses and request an explanation for it. If the explanation or reasoning is dissatisfactory, the concerned authority can decide to ask the employees to reimburse the extra amount claimed, suspend the services of the employees or terminate them.

When a person with a fiduciary duty to take care of your assets violates the faith and trust put upon them by indulging in misappropriation, it can be very difficult and stressful to deal with. You will need to analyze the depth of the damages and seek a remedy either through a mutual agreement or litigation as it is an offense punishable by law. If you wish to know more about misappropriation as well as your rights and options either as a victim or an offender, consulting an Expert who can guide you with important information and clarify your doubts will prove useful.
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Recent Misappropriation Questions

  • 1. I am Secretary/Treasurer of an HOA in Glendale, AZ. 2.

    1. I am Secretary/Treasurer of an HOA in Glendale, AZ.
    2. We have an outside management company running the day-to-day affairs of the Association. They maintain and store all records, including historical records.
    3. Ten days ago I made my third request/demand via email for access to the historical records. In collusion with the Board President, they have not permitted me access, using a collection of phony excuses.

    The following is the first paragraph of AZ statue ARS 33-1258:

    "33-1258. Association financial and other records; applicability

    A. Except as provided in subsection B of this section, all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative. The association shall not charge a member or any person designated by the member in writing for making material available for review. The association shall have ten business days to fulfill a request for examination. On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records. An association may charge a fee for making copies of not more than fifteen cents per page."

    I think the management company is clearly in violation of the statute.

    What do you suggest I do next?
  • Can I, a beneficiary to my husbands esate/trust go after the

    Can I, a beneficiary to my husbands esate/trust go after the trustee for giving himself and three other siblings their part of the estate, but has refrused to give me (it's been one year) what I am certainly entitled to. I hired a lawyer and all that I'm getting from him is monthly bills Can I myself bring this up to the courts without the so-called estate lawyer. He admits to me that the lawyer for the trusee is basically "sitting on his butt"and not really doing anything. Now I get "we just have to play the waiting game. Isn't the trustee not fullfiling his fiduciary duties. I Have fullfiled all the things I was asked to do including writing a check to the estate for monies I owed which I know he will dispurse to himself and the other siblings yet I also keep hearing that the trusee is not even cooperating with his own lawyer. Well, thats what excuse they like to tell me. I am not being treated fairly. So I guess all I need to know is can I take this to the courts myself?
  • My grandmother left a trust to my mother and her five children

    My grandmother left a trust to my mother and her five children in Illinois. I am one of the children. The trust has been kept secret from all but one of the children who will eventually replace my mother as trustee. My mother is using the money to manipulate everyone. Some children get college paid for while others do not. She will give her caretaker a fund for his children to go to college only to find out a year later that he was stealing from her in other areas and fire him after loads of tears. Some get vacations while others do not. Reasoning behind this is because she does not enjoy a particular child since they have ben divorced or something equally ridiculous. Do we have the right to see the trust? She claims to have lost half of the trust in one stock transaction. I believe this to be true but maybe exaggerated to push buttons. Can I get a copy?
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