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The classic example of defalcation occurs when a trustee recklessly invests trust funds and loses the money. If the beneficiary wins a judgment against the trustee, and the trustee files for bankruptcy , the debt (the judgment) cannot be discharged in bankruptcy because the debt was the result of a defalcation.
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 .
The misappropriation doctrine originated as federal common law but since 1938 it has been based on state law. The current viability of the misappropriation doctrine is uncertain because of subsequent developments in U.S. patent and copyright law that "preempt" state law that operates in the same field of law, as is explained in the article on ...
The funds were then spent on a $100,000 truck, property in Texas and personal expenses, authorities said. Certain signs of fraud showed up in the loan applications, according to the affidavit of ...
Embezzlement (from Anglo-Norman, from Old French besillier ("to torment, etc."), of unknown origin) [1] is a term commonly used for a type of financial crime, usually involving theft of money from a business or employer.
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Economic dependence on certain industries will also lead to less stable governments and less money available to fund governments. Fragile economies lead to increased levels of poverty and fewer opportunities to get out of poverty. Poverty is a known factor that encourages corruption in local governments.
A kickback is an official's share of misappropriated funds allocated from his or her organization to an organization involved in corrupt bidding. For example, suppose that a politician is in charge of choosing how to spend some public funds. He can give a contract to a company that is not the best bidder, or allocate more than they deserve. In ...