law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

, 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 when done by a

public official An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their s ...

Criminal law

In criminal law, misappropriation is the intentional, illegal use of the

property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...

or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a

trustee Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, is a synonym for anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility to ...

of a trust, an executor or administrator of a deceased person's estate or by any person with a responsibility to care for and protect another's assets (a

fiduciary A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for exa ...

duty). Depending upon the

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...

and value of the property, misappropriation may be a

felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that res ...

, a crime punishable by a prison sentence.

Scientific research

scientific Science is a systematic endeavor that builds and organizes knowledge in the form of testable explanations and predictions about the universe. Science may be as old as the human species, and some of the earliest archeological evidence for ...

research Research is "creative and systematic work undertaken to increase the stock of knowledge". It involves the collection, organization and analysis of evidence to increase understanding of a topic, characterized by a particular attentiveness ...

, misappropriation is a type of research misconduct. An investigator, scholar or reviewer can obtain novel ideas during the process of the exchange of ideas amongst colleagues and peers. However, improper use of such information could constitute fraud. This can include

plagiarism Plagiarism is the fraudulent representation of another person's language, thoughts, ideas, or expressions as one's own original work.From the 1995 '' Random House Compact Unabridged Dictionary'': use or close imitation of the language and though ...

of work or to make use of any information in breach of any duty of

confidentiality Confidentiality involves a set of rules or a promise usually executed through confidentiality agreements that limits the access or places restrictions on certain types of information. Legal confidentiality By law, lawyers are often required ...

associated with the review of manuscripts or grant applications.

Consequences of misappropriation

Misappropriation can have very serious consequences, including imprisonment, fines,

probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...

, and a permanent criminal record. The punishment for misappropriation may be determined by the value of the property affected and previous criminal record.

Defenses

Since misappropriation is considered a form of theft, arguments countering charges of theft can be modified and utilized against misappropriation, including: *Property did not belong to the plaintiff. Information which is available to everyone, such as facts in a news story, is considered public and thus cannot be owned by the plaintiff. *Independent development of property. The defendant did not “take” the plaintiff's trade secrets if the defendant created the trade secrets independent of the plaintiff's knowledge, resources and involvement. *Consent by the plaintiff. If the plaintiff had given the defendant permission to use the property for a purpose, then the defendant cannot be guilty of misuse if the defendant used the property for that purpose.

Differences between misappropriation and embezzlement

Embezzlement Embezzlement is a crime that consists of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type ...

is misappropriation when the property or funds involved have been lawfully entrusted to the embezzler. In circumstances where the funds are accessible to, but not entrusted to, the perpetrator, it is not embezzlement but can still be considered

larceny Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Eng ...

, misappropriation, misapplication, or some other similar term.

Examples of misappropriation

For an example, se
§1803
of the Judicial Council of California's Civil Jury Instructions from 2013.

References

Criminal law Commercial crimes Legal terminology {{Criminal-law-stub