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2 days ago · Sec. 356. (1) A person who commits larceny by stealing any of the following property of another person is guilty of a crime as provided in this section: (a) Money, goods, or chattels. (b) A bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order, or certificate.
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What is theft by conversion in Michigan?
What is the penalty for theft by conversion?
Will Michigan's conversion statute be interpreted by the Court of Appeals?
Can I claim treble damages under a statutory conversion claim?
- Pursuing Litigation For Civil Theft
- Common Law Conversion
- Statutory Conversion
- Why Pursue Statutory Conversion?
- No Cumulative Damages
“Conversion” is a civil cause of action that is similar to the criminal cause of action for “theft.” Conversion claims are filed in civil court as a means of recovering losses resulting from stolen or damaged property. Michigan law provides two different methods of recovery for conversion, common law and statutory, both of which may be pursued simu...
Under common law, the Michigan Supreme Court has recognized conversion as “any act of dominion wrongfully exerted over another’s personal property in denial of, or consistent with his (or her) rights therein.” In other words, the common law form of conversion involves one party’s wrongful control over another’s personal property. For instance, if y...
Statutory conversion, created by the Michigan Legislature and codified as MCL § 600.2919a, includes the basic common law definition, plus one additional element: a claim for statutory conversion can be made if the rightful owner proves that the converting party used the property for its own purpose, as opposed to simply depriving the owner of the u...
The remedies for statutory conversion under MCL § 600.2919a are robust compared to those prescribed by the common law. Specifically, a plaintiff harmed by statutory conversion “may(emphasis added) recover three times the amount of actual damages sustained, plus costs and reasonable attorney fees.” The statute’s use of the word “may” allows the cour...
Often, plaintiffs harmed by conversion will simultaneously pursue claims for both common law conversion and statutory conversion. Plaintiffs who succeed in such efforts may not collect cumulative damage awards. The ceiling for the plaintiff’s recovery is set at three times the actual damages, plus costs and reasonable attorney fees. Do you have a c...
3 days ago · THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931. 750.362 Larceny by conversion. Sec. 362. Larceny by conversion, etc.—. Any person to whom any money, goods or other property, which may be the subject of larceny, shall have been delivered, who shall embezzle or fraudulently convert to his own use, or shall secrete with the intent to embezzle ...
Searches related to theft by conversion in michigan law
However, there has been a conversion statute in Michigan (MCL 600.2919a) since 1976.7 It originally provided that an injured party “may recover 3 times the amount of actual damages sustained, plus costs and reasonable attorney’s fees” when “damaged as a result of another person’s buying, receiving, or aiding in the concealment of any stolen, emb...
www.michigancriminallawyer.com · larcenyWhat is Larceny by Conversion in Michigan? | Davis Law Group
Nov 9, 2016 · Theft by conversion valued between $1,000 and $20,000 or repeated offenses is a felony. This crime is punishable by up to five years in prison. You could also pay fines of up to $10,000 or three times the value of the stolen property.
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Two recent decisions – one issued by the Michigan Supreme Court and another by the Kent County Business Court – clarify the separate, independent nature of a statutory conversion claim and the real impact of the treble damages penalty.
Larceny by conversion is theft by cheating someone out of their property or possessions. You could face penalties and jail time for this offense.
