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In law, misappropriation is the unauthorized use of another's name, likeness, identity, property, discoveries, inventions, etc. without that person's permission, resulting in harm to that person. Another use of the word refers to intentional and illegal use of property or funds; it can particularly refer to actions committed by a public official .
In roughly this sense, the President detains funds in the treasury rather than spending them as appropriated. The first use of the power by President Thomas Jefferson involved refusal to spend $50,000 ($1.24 million in 2023) in funds appropriated for the acquisition of gunboats for the United States Navy. He said in 1803 that "[t]he sum of ...
Other circuits have treated the misappropriation doctrine and preemption boundary similarly to the Second Circuit's line of cases. They require the state-law claim to be based on something significantly or "qualitatively" extra, beyond mere copying of the plaintiff's product or service to avoid preemption. [48]
"Federal law and regulations require that obligated funds be provided to grantees absent proof of misuse of funds,” wrote Senators Sheldon Whitehouse, Bernie Sanders, Angela Alsobrooks and others.
The investigation started from a tip, deputies said.
Prakash noted that Trump could refuse to spend the agency’s foreign-aid funds, but doing so would likely conflict with the Impoundment Control Act of 1974, a Nixon-era federal law that requires ...
Defalcation, for example, applies when a debtor is acting in a fiduciary capacity. To constitute a defalcation, the conduct involves a degree of culpability that is greater than negligence, but the act does not need to rise to the level of a "fraud" under common law. Defalcation requires showing of conscious behavior or extreme recklessness.
A Vatican tribunal on Wednesday defended its 2023 decision to convict a senior Catholic cardinal of misappropriation of funds, saying the prelate was "aware of all the steps" in a botched $200 ...