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, theRead More