embezzlement (redirected from misapplication)

embezzlement, wrongful use, for one's own selfish ends, of the property of another when that property has been legally entrusted to one. Such an act was not larceny at common law because larceny was committed only when property was acquired by a "felonious taking," i.e., when the act was committed with respect to property that was at the time in the legal possession of the owner. Consequently, unfaithful servants, employees, agents, trustees, or guardians who misappropriated another's property could be sued only in the civil courts, on the grounds that although the defendant had legally come into possession of the property, he had breached his trust by wrongfully misappropriating it to his own use. To remedy this situation statutes were passed in England and the United States that either made embezzlement a distinct crime or enlarged the definition of larceny in such a way as to include all cases of misappropriation of property in the lawful possession of the wrongdoer. In most states of the United States embezzlement is a felony. Under acts of Congress, stealing of letters by postmasters, clerks, and letter carriers is considered embezzlement.

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embezzlement

Crime of fraudulently appropriating property entrusted to one's care and converting it to one's own use. It occurs when a person gains possession of goods lawfully and then misappropriates them. It thus stands in contrast to larceny, the taking of goods from another without the latter's consent. The most widely adopted embezzlement statutes cover custodians of public funds. Many laws subject public servants to severe penalties, even if funds are lost through improper administration rather than a clear attempt to steal. See also fraud, theft.