Is Misappropriation by a Fiduciary A Crime in Maryland?
Fiduciary. Funny sounding word. Criminal defense attorneys in Baltimore, MD will tell you it is a label the law may apply to designate someone that stands in a position of:
- trust and confidentiality, and
- owes an obligation of fairness with respect to another.
Think the trustee of a trust. Maryland law punishes a fiduciary who hides or fraudulently appropriates property that they come into by virtue of the relationship. Of course, there are civil consequences for one who abuses this relationship of trust. However, Criminal defense attorneys in Baltimore, MD will tell you that doing so can get you five years in jail. The difference between this crime, and garden variety theft, lies in gaining control of the property- or, specifically, how that control is gained. The fiduciary is entitled to possession-unlike the thief.
-This Article was updated by Eric Kirk on 1/29/20.