We provide free quotes, telephone us on 1300 966 103, TEXT ONLY to 0427 703 120, alternately email us at [email protected]. Ex-police and experienced investigators. We investigate misappropriation, breach of obligations, for you.
Misappropriation, to misappropriate money or goods, is
theft by fraudulent converting to your own use, or benefit. Private
investigators, and fraud specialists, investigate allegations of
misappropriation. Misappropriated is another way of saying someone
converted to their own use, used their position for their own benefit,
stole money, access to something such as power, the internet or
telephone account, abused fiduciary obligations, or 'borrowed' equipment
to which they weren't entitled.
Misappropriation is the intentional, illegal use of the property or funds of another person/legal entity
for one's own use or other unauthorized purpose, particularly by a
public official, a trustee of a trust, an executor or administrator of a
dead person's estate, or by any person with a responsibility to care
for and protect another's assets (a fiduciary duty). The difference between misappropriation and fraud is that fraud must include a transfer of ownership.
Embezzlement is another form of misappropriation
which is now included in the fraud definition. For the property, or
right, to be misappropriated there must be a conversion to the use of
the offender, or another, who doesn't have a right. The person obtaining
the benefit may be an innocent party (e.g. a person 'giving' someone
'their' work vehicle to use, when they don't have the authority to do
so).
Stealing as a servant is a common complaint, especially for cash businesses. We are experienced in such investigations. We are a licensed private investigator, private detective, service. Contact us when you suspect stealing as a servant, it is an old term which means stealing by an employee, theft by employees.
Unlawful use of vehicles or property, by an
employee, is a form of misappropriation even thought there is no
intention to deprive the owner permanently. It can be a conversion, for a
persons private purposes or benefit, of something to which they are not
entitled. The line between misappropriation, theft, and fraud can
become blurred, when does a conversion become a claim of ownership or
right?
There are duties of care, responsibility, including vicarious liability obligations, placed on the employer. There are employee obligations; there are director obligations. Breaches of these obligations usually relate to an injury, or financial transactions, including stealing proprietary information, secretly setting up in opposition to a business, or syphoning funds and assets, off.
Fiduciary obligations, including to those
relating to being in charge of a trust fund, of administering the
property of another, for the benefit of another, is another area where
funds and benefits can be misappropriated. it can be the manager who
arranges for funds to go to their dummy business.
A fiduciary
duty involves actions taken in the best interests of another person or
entity, where you have an obligation as an individual, or a business, to do so. Fiduciary duty describes the relationship between an attorney
and a client, the State and person under care, or a guardian and a ward. Fiduciary duties include duty of care, loyalty, good faith, confidentiality, prudence, and disclosure.
It can be a form of elder abuse whereby the person nominated at trustee ships the person off to a
nursing home, then sells out all the assets. It can be where a solicitor
fails the ethics test, their fiduciary obligations, and steals from the
trust fund (often submitting dummy invoices).
The funny thing is, the Law Society will make every
effort to hide this theft, arranging repayment of funds over many years,
but failing to ever inform the Police that one of their own, a
solicitor or barrister, is a criminal who stole from clients. Most
employees have some form of fiduciary obligation, but the biggest risk
is the person placed with the most responsibility, and access to the
funds of another; many people can justify to themselves converting funds
under management.
It may be treated as either a criminal or
civil matter depending on the circumstances. There may also be action
under other laws relating to directors of companies, or holders of trust
funds who have special obligations under various Acts. A private investigation, by a private investigator, an investigate, gather evidence, and report.
Some industries get to investigate themselves. Solicitors and their trust accounts are a perfect example of fiduciary responsibilities, which are breached on a regular basis. Not all breaches appear to end up in court, and some solicitors can continue on.
You must establish a conversion, an act, that
demonstrates the intentional action, without a 'right' to act in that
way, or that a benefit was received to which the person was not
entitled. We have the skilled staff to investigate misappropriation. When you need to hire a private investigator, to investigate, contact us for a free quote.
Misappropriation is usually a form of fraud, a conversion to their own use, or the benefit of another, by a person in a position of trust. The misappropriated item or benefit may not be able to be recovered in its original form, so usually some payment, or penalty, is sought.
When you suspect funds have been misappropriated,
that someone has breached their fiduciary obligations, and that it
requires investigation, we are experienced, and licensed private
investigators, private detectives. We investigate for you.