Misapplication of Entrusted Property

Misapplication of Entrusted Property

In New Jersey, a charge of Misapplication of Entrusted Property can result in a felony criminal record. The act states:

N.J.S.A. 2C:21-15. Misapplication of Entrusted Property and Property of Government or Financial Institution. A person commits a crime if he applies or disposes of property that has been entrusted to him as a fiduciary, or property belonging to or required to be withheld for the benefit of the government or of a financial institution in a manner which he knows is unlawful and involves substantial risk of loss or detriment to the owner of the property or to a person for whose benefit the property was entrusted whether or not the actor has derived a pecuniary benefit. "Fiduciary" includes trustee, guardian, executor, administrator, receiver and any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary.

If the benefit derived from a violation of this section is $75,000.00, or more, the offender is guilty of a crime of the second degree. If the benefit derived exceeds $1,000.00, but is less than $75,000.00, the offender is guilty of a crime of the third degree. If the benefit derived is $1,000.00, or less, the offender is guilty of a crime of the fourth degree.

For the purposes of this section, the term "benefit derived" shall include but shall not be limited to the amount of any tax avoided, evaded or otherwise unpaid or improperly retained or disposed of.

SOURCE. N.J.S. 2A:102-2 and 2A:102-3; C. 2A:111-30 (1954, c. 58, §3); N.J.S. 2A:135-3 amended 1960, c. 97; 2A:135-5; Model Penal Code: 224.13. Amended. L. 1979, c. 178, §41; L. 1987, c. 76, §33.

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At the Newark Law Offices of Kevin Crawford Orr, we can help with your the defense of your New Jersey White Collar crime of Misapplication of Entrusted Property. Contact us today to find out more about your options.