Legal Question in Criminal Law in Rhode Island

Re: conversion

Conversion - the act of taking for one's own what belongs to another - can be a criminal offense no matter who commits the wrongful act.

A fiduciary is just as capable as anyone else, though the fiduciary relationship is a double-edged sword: while the relationship imposes a higher degree of fidelity to avoid any impropriety, it also may give the wrongdoer �cover� so as to provide a plausible explanation for the conversion (i.e. I used her money for X because she told me that's what she wanted..).

Ultimately, whether to charge as a crime is up to the attorney general or other prosecuting authority.

A fiduciary that misuses his position of trust to steal from the person as to whom he acts as fiduciary may be liable civilly, however; perhaps even for two or three times the actual amount of damages, plus attorney's fees.

If you have a lawyer in the family, it would be best to trust and have faith in him, though (just a wild guess here, Shel ;-)).

Scott Summer