Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY V. EDMUND J. DAMIANO -- rank: 1000

... of third-degree misapplication of entrusted property by a fiduciary, N.J.S.A. 2C:21-15. He was also charged and convicted of five counts of ... 2C:20-4 and 2C:20-9, and, pursuant to N.J.S.A. 2C:21-15. The remaining six convictions all arose out of sales tax ... by failure to make required disposition of property received under N.J.S.A. 2C:21-15. Defendant was convicted of all four charges, bringing the total ... degree charge of misapplication of funds by a fiduciary under N.J.S.A. 2C:21-15. Defendant was convicted of all eight charges and, again, there ... 29, 31, 33, 35 and 37. B THE CONVICTIONS UNDER N.J.S.A. 2C:21-15     We next address the companion charge to all the N.J.S.A. 2C:21-15. Each 2C:20-9 charge was accompanied by a ...

docket:	a5116-96
court:	njappellate
decided:	1999-06-09
status:	published
citation:	322 N.J.Super. 22
Document Size:	72143

2 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 974

... of funds from the Scotch Plains Police Athletic League (PAL), N.J.S.A. 2C:21-15 and 2C:5-1. Defendant, a Scotch Plains police officer ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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3 JARWICK DEVELOPMENTS, INC v. JOSEPH WILF -- rank: 845

... J.S.A. 2C:20-9; misapplication of entrusted property, N.J.S.A. 2C:21-15; theft by deception, N.J.S.A. 2C:20-4 ...

docket:	a2053-13
court:	NJ Superior Court Appellate Division
decided:	2018-06-01
status:	unpublished
citation:
Document Size:	210674

4 Statev. Brandon T. Morrison -- rank: 825

... 17(a)(1), (4); third-degree misapplication of entrusted property, N.J.S.A. 2C:21-15; and second-degree official misconduct, N.J.S.A. 2C ...

docket:	A-36-15
court:	NJ Supreme Court
decided:	2016-12-14
status:
citation:	227 N.J. 295 151 A.3d 561
Document Size:	77844

5 /usr/local/share/www/libweb/collections/courts/appellate/a3781-18.opn.html -- rank: 819

... to the school, sought evidence regarding misapplication of entrusted property, N.J.S.A. 2C:21-15, and tampering with public records or information, N.J.S ... second-degree misapplication of entrusted property and property of government, N.J.S.A. 2C:21-15 and 2-6 (count four). Those counts are addressed in ...

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6 STATE OF NEW JERSEY v. MICHAEL D. STERN -- rank: 808

... as a fiduciary, in an amount greater than $75,000. N.J.S.A. 2C:21-15. Challenging the unanimity of the jury's verdict as to ... jury unanimously found defendant guilty of misapplication of entrusted property, N.J.S.A. 2C:21-15, and it indicated on its verdict sheet that the amount ... second-degree misapplication of entrusted property, is a violation of N.J.S.A. 2C:21-15, which statute provides in relevant part:   A person commits a ... a fiduciary, which was necessary to sustain his conviction under N.J.S.A. 2C:21-15. He frames this argument as the verdict being against the ... D. , 211 N.J. 344 , 354 (2012). Defendant argues that N.J.S.A. 2C:21-15 lists fiduciaries that are unlike his position as a volunteer ... of a corporation or other organization which is a fiduciary." N.J.S.A. 2C:21-15. Furthermore, N.J.S.A. 2C:20-1(b), ...

docket:	a4744-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-30
status:	unpublished
citation:
Document Size:	61258

7 A-0STATE OF NEW JERSEY v. BRANDON T. MORRISON July 24, 2015 -- rank: 797

... 17(a)(1), (4); third-degree misapplication of entrusted property, N.J.S.A. 2C:21-15; and second-degree official misconduct, N.J.S.A. 2C ...

docket:	a0170-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	68529

8 STATE OF NEW JERSEY v. STEVEN H. SALAMI -- rank: 748

... fifty-eight counts of third-degree misapplication of entrusted property, N.J.S.A. 2C:21-15, two counts of second-degree misapplication of entrusted property, N.J.S.A. 2C:21-15, one count of second-degree theft by failure to make ... multiple counts of misappropriation of entrusted property in violation of N.J.S.A. 2C:21-15 in an aggregate amount of $75,000. After the prosecutor ...

docket:	a2958-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-27
status:	Unpublished
citation:
Document Size:	31146

9 STATE OF NEW JERSEY v. RICHARD PESSOLANO, -- rank: 734

... withheld for the benefit of the government," as required under N.J.S.A. 2C:21-15. Defendant further argues that according to In re Hoerst , 135 ... We disagree with defendant's argument that the conviction under N.J.S.A. 2C:21-15 cannot stand. As defendant points out, in State v. Altenburg ... withheld for the benefit of the government," as required under N.J.S.A. 2C:21-15. Id. at 297. Here, however, the employer contributions were due ... then-recent amendment to the definition of "benefit derived" in N.J.S.A. 2C:21-15 which was expanded to include "the amount of any tax ... person carrying on fiduciary functions on behalf of a corporation," N.J.S.A. 2C:21-15, and responsible for the non-payment of the required contributions ...

docket:	a4315-98
court:	njappellate
decided:	2001-08-06
status:	published
citation:	343 N.J. Super. 464
Document Size:	36018

10 /usr/local/share/www/libweb/collections/courts/appellate/a1030-19.opn.html -- rank: 725

... charges arising from other alleged malfeasance: misapplication of entrusted property, N.J.S.A. 2C:21-15 (count twelve); theft, N.J.S.A. 2C:20-3 ... counts nine through eleven); second-degree misapplication of entrusted property, N.J.S.A. 2C:21-15 (count twelve); second-degree theft, N.J.S.A. 2C ... action, defendant was charged with (1) misapplication of entrusted property, N.J.S.A. 2C:21-15; (2) theft, N.J.S.A. 2C:20-3(a ...

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court:	New Jersey Superior Court Appellate Division
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11 STATE OF NEW JERSEY v. LAWRENCE S. COVEN -- rank: 714

... charging second-degree misapplication of entrusted property, in violation of N.J.S.A. 2C:21-15. These charges arose out of four mortgage refinance closings, for ... the State commenced the prosecution within the applicable limitation period. N.J.S.A. 2C:21-15, entitled "Misapplication of entrusted property and property of government or ... In Iulo , the Court noted that the essential elements of N.J.S.A. 2C:21-15 track those of a disbarment proceeding under In re Wilson ... The State points to nothing in the legislative history underlying N.J.S.A. 2C:21-15 to support its argument that the Legislature plainly intended that ... statute of limitations had run and, specifically, that offenses under N.J.S.A. 2C:21-15 "are not continuing." Id. at 233. The defendant argued that ... statute of limitations analysis. Nothing in the statutory language of N.J.S.A. 2C:21-15 or in the nature of the conduct it prohibits ...

docket:	a5846-07
court:	njappellate
decided:	2009-02-11
status:	published
citation:	405 N.J.Super. 266
Document Size:	55978

12 STATE OF NEW JERSEY v. EUGENE LAVERGNE -- rank: 699

... by a jury of second-degree misapplication of entrusted property, N.J.S.A. 2C:21-15, and fourth-degree contempt, N.J.S.A. 2C:29 ... was entrusted whether or not [defendant] . . . derived a pecuniary benefit. [N.J.S.A. 2C:21-15.] A-3210-14T2 12 Further, the State presented sufficient evidence ...

docket:	a3210-14
court:	NJ Superior Court Appellate Division
decided:	2018-11-07
status:	Unpublished
citation:
Document Size:	76805

13 /usr/local/share/www/libweb/collections/courts/appellate/a1769-15a2126-15.opn.html -- rank: 691

... 3(a); and third-degree misapplication of entrusted government property, N.J.S.A. 2C:21-15. Bunero was also convicted of third- degree tampering with public ...

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court:	NJ Superior Court Law/Chancery Division
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14 /usr/local/share/www/libweb/collections/courts/appellate/a3594-17.opn.html -- rank: 674

... Ten, Thirteen, and Fifteen, second-degree misapplication of entrusted property, N.J.S.A. 2C:21-15, from, respectively, the Jared Sherengo trust, the estate of Mildred ... which charged him with second-degree misapplication of entrusted property, N.J.S.A. 2C:21-15. He argued that this charge was time-barred by the ... 20-4) and thirteen (second-degree misapplication of entrusted property, N.J.S.A. 2C:21-15). Therefore, he asserts the court erred by denying A-3594 ...

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15 STATE OF NEW JERSEY VS RICHARD B. MANTHEY -- rank: 608

... in the second degree and one in the third degree ( N.J.S.A. 2C:21-15, under which defendant was convicted, provides in part:         A person ... 1979). That case involved a prosecution under a predecessor statute, N.J.S.A. 2C:21-15, however, omits the term "fraudulently." Further, our Supreme Court in discussing N.J.S.A. 2C:21-15 noted that its "essential elements" were that "the defendant knowingly ... term of seven years for his second degree conviction under N.J.S.A. 2C:21-15. We cannot consider that determination an abuse of the trial ... the seven-year-sentence imposed for defendant's conviction under N.J.S.A. 2C:21-15, we see no merit to defendant's contention that he ... or any part thereof," an element which is missing in N.J.S.A. 2C:21-15, we are persuaded that essentially the same evidence was ...

docket:	a3581-94
court:	njappellate
decided:	1996-11-18
status:	published
citation:	295 N.J.Super. 26
Document Size:	11404