Misappropriation
Encyclopedia
In law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

, misappropriation is the intentional, illegal use of the property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...

 or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee
Trustee
Trustee is a legal term which, in its broadest sense, can refer to any person who holds property, authority, or a position of trust or responsibility for the benefit of another...

 of a trust
Trust law
In common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another...

, an executor or administrator of a dead person's estate
Estate (law)
An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...

 or by any person with a responsibility to care for and protect another's assets (a fiduciary duty). It is a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...

, a crime punishable by a prison sentence.

Misappropriation does not occur in instances where the capital was obtained for a service rendered.

In scientific
Scientific method
Scientific method refers to a body of techniques for investigating phenomena, acquiring new knowledge, or correcting and integrating previous knowledge. To be termed scientific, a method of inquiry must be based on gathering empirical and measurable evidence subject to specific principles of...

 research
Research
Research can be defined as the scientific search for knowledge, or as any systematic investigation, to establish novel facts, solve new or existing problems, prove new ideas, or develop new theories, usually using a scientific method...

, 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
Plagiarism is defined in dictionaries as the "wrongful appropriation," "close imitation," or "purloining and publication" of another author's "language, thoughts, ideas, or expressions," and the representation of them as one's own original work, but the notion remains problematic with nebulous...

 of work or to make use of any information in breach of any duty of confidentiality
Confidentiality
Confidentiality is an ethical principle associated with several professions . In ethics, and in law and alternative forms of legal resolution such as mediation, some types of communication between a person and one of these professionals are "privileged" and may not be discussed or divulged to...

 associated with the review of manuscripts or grant applications.

See also

  • Bribery
    Bribery
    Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...

  • Corporate corruption
  • Eliot Spitzer prostitution scandal
    Eliot Spitzer prostitution scandal
    The Eliot Spitzer prostitution scandal began on March 10, 2008, when The New York Times reported that Democratic New York Governor Eliot Spitzer had patronized a prostitution service called Emperors Club VIP...

  • Embezzlement
    Embezzlement
    Embezzlement is the act of dishonestly appropriating or secreting assets by one or more individuals to whom such assets have been entrusted....

  • Extortion
    Extortion
    Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...

  • FBI
  • Federal crime
    Federal crime
    In the United States, a federal crime or federal offense is a crime that is made illegal by U.S. federal legislation. In the United States, criminal law and prosecution happen at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and...

  • Madoff investment scandal
    Madoff investment scandal
    The Madoff investment scandal broke in December 2008 when former NASDAQ chairman Bernard Madoff admitted that the wealth management arm of his business was an elaborate Ponzi scheme....

  • Mail fraud
  • Organized crime
    Organized crime
    Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...

  • Police corruption
    Police corruption
    Police corruption is a specific form of police misconduct designed to obtain financial benefits, other personal gain, or career advancement for a police officer or officers in exchange for not pursuing, or selectively pursuing, an investigation or arrest....

  • Political corruption
    Political corruption
    Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...

  • Rod Blagojevich corruption charges
    Rod Blagojevich corruption charges
    Rod Blagojevich, former Governor of Illinois, is an American politician under investigation by the Federal Bureau of Investigation since 2005 for corruption. Blagojevich and his Chief of Staff John Harris were charged with corruption by federal prosecutor Patrick Fitzgerald...

  • Skimming (casinos)
    Skimming (casinos)
    "In May of 1963...the FBI turned over to the Justice Department a two-volume document called "The Skimming Report," which detailed the illegal siphoning off of gambling profits by Las Vegas casinos to avoid taxes." The report documented how pre-tax profits from casinos were being routed to various...

  • Skimming (fraud)
    Skimming (fraud)
    A form of white-collar crime, skimming is a slang termhttp://dictionary.reference.com/browse/skim that refers to taking cash "off the top" of the daily receipts of a business and officially reporting a lower total.- Examples :* A skimming crime may be simple tax evasion: the owner of a business...

  • Watergate scandal
    Watergate scandal
    The Watergate scandal was a political scandal during the 1970s in the United States resulting from the break-in of the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Nixon administration's attempted cover-up of its involvement...

  • White Collar Crime
  • Wire fraud
    Wire fraud
    Mail and wire fraud is a federal crime in the United States. Together, 18 U.S.C. §§ 1341, 1343, and 1346 reach any fraudulent scheme or artifice to intentionally deprive another of property or honest services with a nexus to mail or wire communication....

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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