Misappropriering

Misappropriering, also known as misappropriation, is the act of wrongfully taking or using property or funds that have been entrusted to someone to manage or safeguard, in a way that is not authorized by the owner or by law. It typically involves a relationship of trust, such as an employee with an employer, a public official with public funds, or a guardian with a ward’s assets.

The core elements usually include: ownership of the property by another person, control or possession by the holder by virtue of duty, improper use or transfer for personal benefit, and an intent to deprive the owner of value. Concealment or deceit may be used to hide the act and strengthen the case.

Misappropriering is commonly treated as a form of fraud or embezzlement in many legal systems. It differs from theft in that the offender originally had lawful possession or stewardship of the property; differences in definitions and penalties can vary by jurisdiction.

Examples include an employee diverting payroll funds to a personal account, an official redirecting budgeted money for private use, or an administrator using entrusted assets for unauthorized purposes.

Penalties typically include criminal charges, fines, and imprisonment, along with civil remedies such as restitution or disgorgement of ill-gotten gains. In corporate or organizational contexts, misappropriering can trigger internal investigations, governance actions, and liability for the entity.

Prevention emphasizes strong internal controls, including segregation of duties, regular audits, monitoring of financial activity, and clear policies governing the use of assets and funds.