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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 .
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 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 ...
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 ...
Third, financial transactions conducted by the kleptocrat in a Western country complete the integration of the funds. Once a kleptocrat has purchased an asset this can then be resold, providing a defensible albeit illegal origin of the funds. This is known as money laundering and is illegal throughout the Western world.
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.
A state audit report released Monday accused Iowa's Republican Gov. Kim Reynolds of using nearly $450K in federal coronavirus relief funds to pay staff salaries and concealing the spending.
The annual index measures three forms of government corruption across the executive branch, the judiciary, the military and police, and the legislature: bribery, improper influence by public or private interests, and misappropriation of public funds or other resources. [157]