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Can A Breach Of Fiduciary Duty Land A Fiduciary In Jail?

March 21, 2013

Authors

Luke Lantta

Can A Breach Of Fiduciary Duty Land A Fiduciary In Jail?

March 21, 2013

by: Luke Lantta

We spend a lot of time here looking at civil cases involving corporate and individual fiduciaries.  That doesn’t mean that the wrongful acts underlying a breach of fiduciary duty can’t also pose criminal problems for a fiduciary.  Occasionally a criminal fiduciary case catches our attention, like the United States District Court for the Eastern District of Tennessee’s opinion in Elkins v. Gibson (link provided through Justia.com).  This was a case where a fiduciary sued a police detective for malicious prosecution stemming from a warrant issued for the fiduciary’s alleged theft from his principal.  The fiduciary was arrested but was not convicted of any crime.  Why we’re interested is because the alleged theft took place using a power of attorney.

The federal court dismissed the plaintiff’s case finding that the detective was entitled to qualified immunity.  Specifically, the federal court found that at the time the objectionable warrant was issued, the

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How Far Does The Scope Of An Attorney-In-Fact’s Authority Extend?

December 11, 2012

Authors

Luke Lantta

How Far Does The Scope Of An Attorney-In-Fact’s Authority Extend?

December 11, 2012

by: Luke Lantta

Litigation over powers of attorney is pretty popular right now.  And a lot of the dispute is whether an attorney-in-fact is authorized to perform some act under the authority granted in the power of attorney.

In Harris v. Peterson, the Georgia Court of Appeals is one of the latest courts to weigh in on these issues.  It tackled the question of whether an attorney-in-fact can perform an act that the principal refused to perform.

The background facts can be distilled to this:

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