Found inside – Page 398To constitute embezzlement by an officer of funds of a national bank, ... 3497], involves two general elements: First, a breach of trust or duty with ... Found inside – Page 269EMBEZZLEMENT - Continued Public funds or property - Continued . ... Exchange of public money in foreign country , basis of charge - elements . 4-1934 , pp . Found inside – Page 353( 4 ) Elements of notice of improper use of funds . ... use of funds , such as to render bank liable for collector's misappropriation of funds ( Rev. Found inside – Page 977... inoppresented in this case . erative " when there is no misappropriation [ 1 , 2 ] In our view , the fact determinaof funds ... elements of the lesser offense are mining whether defendant's retrial was necessary elements of the greater ofbarred by ... Found inside – Page 389... the details of the misappropriation of funds have come out . ... we received replies that had suspicious elements in them , either ratios or figures or ... Found inside – Page 111... projects were important elements of the background in which the environment movement emerged in Bangladesh in the nineties . ... Newspapers frequently report horror stories of mismanagement and misappropriation of project funds . Found inside – Page 191substantial misappropriation of funds . ... of the party or parties making the above - mentioned checks , Section 815 does not mention proof of forgery as a necessary element of the offense ; nor was the Actor charged with the crime of forgery . Found inside – Page 2CILSS then mobilised its influence to prevent the creation of a new body to compete for the dwindling funds flowing into the hard - hit region . ... the tables on UNEP by claiming that it failed to set proper priorities and did little to stem the misappropriation of funds . ... None of the major donors or Sahel states was really consulted about the scheme , most of whose elements are ' deja vu ' to Sahel hands . Found inside – Page 481SDCL Time as material element 3 23A - 6-9 . State v . ... Indictment charging misappropriation of funds coming into defendant's hands as public officer need 1. In general not state exact time misappropriation occurred ( Rev. Code 1919 ... Found inside – Page 574The elements of the crime of MALUS ANIMUS Criminal intent . malversation of ... or embezzlement of misappropriated or consented or , through public funds . Found inside – Page 5They can also take steps to protect poverty - reducing spending from cutbacks , including by building elements of flexibility ... transparency and enhancing governance , more effective PFM systems reduce waste and misappropriation of funds . Found inside – Page 862Because not one of the latter three elements is estab lished , or even alleged , the first cause of action must fail . ... At common law a taxpayer had no right of action against a public officer to restrain or prevent the waste of public funds , to restrain or prevent ... in actual possession , but by the issue and sale of the bonds or other obligations of the municipality , and a conversion or misappropriation of the ... Found inside – Page 402Conversion or appropriation ; intent The fraudulent conversion or misappropriation of property is an essential element of theft ... As to Penal Code provisions relating Any diversion of funds held in trust to embezzlement , generally , see Pen C ... Found inside – Page 1512EMBEZZLEMENT , 1512 . funds , or credits to his own use , with intent III . ... He . made by this section an element of the however , reported a less amount ... Found inside – Page 133Any nonjudicious use of these funds, or their misappropriation in any manner can have very grave repercussions. Banks are also used as an instrument by ... Found insideThe elements of estafa through conversion or misappropriation are: (a) that ... of confidence involved in the conversion or diversion of the funds she held ... Found inside – Page 861TRUSTS ( 8 91 * ) - CONSTRUCTIVE TRUSTStitle in his own name and for his own personal ELEMENTS . use and benefit , a pro tanto constructive trust Proof of a balance ... For other cases , see Trusts , MISAPPROPRIATION OF FUNDS . Found inside – Page 24Where ruling elements misappropriate, embezzle or divert public funds to personal use, armed subalterns simply extort, ransack, maim and pillage. Found inside – Page 23The Committee of Ways and Means adopts strategies for raising revenue for the government , to be used in financing ... Legal actions are instituted against officials who fail to account for misappropriated funds and such people are prosecuted ... Found inside – Page 752... [ b ] $ 8 [ b ] Waiving of preliminary examination Wrongful misappropriation of funds , charge criminal charge , effect of , $$ 3 ... Prefatory matters [ a ] Scope One of the essential elements of an action for malicious prosecution is the absence of ... Found inside – Page 115... of credit & funds in the financial market ; bank abstractions , embezzlement , false entry , & misappropriation of funds . ... recognition of overly perfect , unusual , & potential criminal behavior ; elements in reporting , isolating , & / or removing ... Found inside – Page 623The four essential elements of the offense of embezzlement are : ( 1 ) That defendant was acting in the capacity of an agent ; ( 2 ) ... COLLECTION OF MONEY ON ASSIGNED CLAIM - MISAPPROPRIATION OF FUNDS — EVIDENCE - FINDIXG. Found inside – Page 398To constitute embezzlement by an officer of funds of a national bank , within ... 3497 ] , involves two general elements : First , a breach of trust or duty ... Found inside – Page 178... 1702 Client's duty to put solicitor in funds for closing of 1705 Searching of title 1706 Searching of title by title searcher 1707 Misappropriation or conversion of trust funds Elements of negligent conduct ( 2541 - 2560 ) 2541 General 2542 Error ... Found inside – Page 254Neither the statute fund , are not the “ property ” of the contrac - nor the legislative history reveal congrestor under the Bankruptcy ... and such above and beyond other elements prerequimonies do not constitute section 70 property site to the nondischargeability of ... 1937 ) , the constitute a misappropriation or defalcation Second Circuit analyzed the term " defalcawithin the meaning of section 17 ( a ) ( 4 ) . Found inside – Page 139Symptomatic of the political and economic uncertainty is an increase in embezzlement and misappropriation of public funds. Another element of political ... Found inside – Page 222It would, however, be hazardous in the absence of evidence to suspect misappropriation of funds. ... Universities from being assemblages of inns and hospicia into communities of colleges and greatly diminished the “non-collegiate" elements. Found inside – Page 368Upon an indictment for the conversion or misappropriation of the funds of the bank by the cashier , it is not necessary to ... or that the funds were entrusted to him in such capacity , unless the statute makes these facts an essential element of the ... Found inside – Page 634( b ) ( 8589 ] Subjects of Embezzlement . ( c ) Elements of Embezzlement . ( 1 ) Relationship of Trust and Confidence . ( aa ) ( 8590 ] ... ( 1 ) [ 8601 ] Misappropriation of Construction Funds . 5 . False Pretenses . ( a ) [ 8602 ] Nature of Crime . Found insidemisappropriation of funds by a lower-level employee who receives the funds ... (In other words, when he takes it, we first have the elements of larceny — a ... Found inside – Page 126... of the lawyer is irrelevant in determining the appropriate discipline for knowing misappropriation . Moreover , “ [ i ] ntent to deprive permanently a client of misappropriated funds , however , is not an element of knowing misappropriation . Found inside – Page 113In the case of an audit of government funds received by a nongovernment entity , the auditors should promptly notify the appropriate ... Irregularities include such matters as conflicts of interest , falsification of records or reports , and misappropriation of funds or other assets . ... In contrast , the government audit standards apply to each of the three elements of the fullscope governmental audit and are also ... Found inside... 1000 (1) Scope, 1000 (2) Comparable Sales Method Assessed Land Subject to Use Restrictions, 1001 (4) THEFT Embezzlement Elements of Offense Public Officers Misappropriation of Public Funds, 16 (2) Evidence Acting in Performance ... Found inside – Page 230The Seventh Circuit affirmed Marquardt ' s conviction . punished for each act misappropriating First Savings ' funds and each false entry she made in the ... Marquardt with misappropriation of funds and four concerning her false entries in First Savings ' records . ... of Virginia had committed “ reversible error " by failing to charge the jury adequately on the statute ' s essential elements and by ruling that ... Found inside – Page 455... following data elements that relate ( i ) Theft or misappropriation of funds ... individual : or financial account number or credit fund management by a ... Found inside – Page 196The absence of central co - ordination led to chaos and a misappropriation of funds , and public pressure mounted for a ... religious , and personal antagonisms , to the frequent annoyance of the more doctrinaire elements within BUK itself . Found inside – Page 61This is so , because the accused is charged with the misappropriation of funds held by him in trust and with the obligation to ... Moreover , some of the essential elements of the offense defined in said paragraph 2 ( a ) are not alleged in the ... Found inside – Page 1421funds, nor that petitioner embezzled or misappropriated for his personal use any managed account funds during 1984, ... convincing evidence that petitioner underreported his income, one of the required elements of the fraud addition to tax is ... Found inside – Page 77ROMSILVA AND THE 20,000 PERCENT OVERPRICED VALUE This case illustrates all the elements under study here, the misappropriation of public funds for private ... Found inside – Page 48Besides , they may mismanage or misappropriate public funds . These arguments are on the ... As stated , local government the world over is characterized by elements of control and independence . The most important consideration is to ... Found inside – Page 174Cases of misappropriation and misuse of funds and resources are not rare . Mutual rivalry among agencies often defeats the attempts of inter - agency co - operation and coordination . In many agencies , qualified staff members have to work ... Found inside – Page 229Such stringent measures are necessary because U.S. aid , loans , and export credits must not be diverted to OC elements . Misappropriation of U.S. funds ... Found inside – Page 90ABA Model Rules of Lawyer Disciplinary Enforcement , Rule 10 ( 1989 ) , incorporates the essential elements of the ... 92–1 , 627 A.2d 317 ( R.I.1993 ) in which a lawyer misappropriated client funds , but made restitution of those funds after the ... Found inside – Page 169This means that for a case of embezzlement or bribery, inference about knowledge, intent, purpose, or other mental elements may be drawn from proven facts ... Found inside – Page 398To constitute embezzlement by an officer of funds of a national bank , within ... 3497 ] , involves two general elements : First , a breach of trust or duty ... Found inside – Page 760... plaintiff must prove that the bank had actual knowledge of the fiduciary's misappropriation of the principal's funds or that ... The elements of commonlaw fraud are a false statement of material fact , defendant's knowledge that the statement ... Found inside – Page 356... union , was accused in testimony before the McClellan Committee of involvement in the squandering of more than $ 200,000 in local union funds . ... and misappropriation of funds . ... of the U.S. district court - appointed monitors to accomplish a clean - up of corrupt and criminal elements within the Teamster movement . Set proper priorities and did little to stem the misappropriation of funds have come out arguments! 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