Misappropriation punishes whoever receives another’s property lawfully and then keeps it. It appears in client collections, third-party funds, poorly closed verbal mandates and directors confusing company and personal cash. If you are summoned as a suspect or you are the victim, the common error is narrating fraud when facts are lawful initial possession. This analysis sets elements, evidence and first moves.
Elements the offence requires
Another’s movable property —money included— received under a title obliging return or agreed use.
Intent to profit by keeping or disposing as owner.
Loss to whoever had the right to recover.
Without decisive initial deceit: that would suggest fraud. The factual nuance matters.
Typical scenarios
Director transferring collections to a personal account without allocation or books.
Intermediary retaining client payments citing unpaid commissions.
Partner using SL funds for personal expenses over time.
Cash-access employee “offsetting” withdrawals without authorisation.
If you are under investigation
Do not make a statement without counsel or return money “to fix it” without procedural judgement. It may be evidence or a mis-calibrated admission.
Rebuild accounts and proof of corporate decisions. Sometimes civil is dressed as criminal.
Assess regularisation, agreements and restitution at the right procedural moment.
Coordinate with commercial if parallel director liability exists.
If you are the victim
Document delivery, mandate and when restitution was due.
Request bank trails quickly; attachments and measures depend on them.
Assess complaint versus report and joining another’s case.
Quantify loss and interest; criminal does not replace a proper civil settlement.
First conversation
Statements, contracts, emails on use of funds, corporate minutes if SL involved.
Summons, steps or notices already received.
Other open proceedings between the same parties.
With that we set defence or prosecution with the right type and measure calendar.