Section 57. A trustee under an express trust created by a deed, will or other instrument in writing, or a guardian, conservator, executor or administrator, or any person upon or to whom such a trust has devolved or come, who embezzles or fraudulently converts or appropriates money, goods or property held or possessed by him for the use or benefit, either wholly or partially, of some other person or for a public or charitable purpose, to or for his own use or benefit or to or for the use or benefit of any person other than such person as aforesaid, or for any purpose other than such public or charitable purpose as aforesaid, or who otherwise fraudulently disposes of or destroys such property, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than two thousand dollars and imprisonment in jail for not more than two years.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1931–2025 · leading case:
Commonwealth v. DeGennaro, 997 N.E.2d 428 (Mass. App. Ct. 2013).
Commonwealth v. DeGennaro, 997 N.E.2d 428 (Mass. App. Ct. 2013).
· cites it 7× “G. L. c. 266, § 57. The later eleven-day bench trial resulted in convictions of DeGennaro alone on four counts of contractor fraud.”
Commonwealth v. Schmukler, 494 N.E.2d 48 (Mass. App. Ct. 1986).
· cites it 3× “Alleged irregularities in the way the defendant handled the ward’s financial affairs resulted in an indictment charging that *433 the defendant, in violation of G. L. c. 266, § 57, “did embezzle or fraudulently convert or appropriate money held or possessed by him for the use or…”
Commonwealth v. Garrity, 682 N.E.2d 937 (Mass. App. Ct. 1997).
· cites it 2× “A Superior Court jury convicted the defendant *350 of fiduciary embezzlement (G. L. c. 266, § 57). On appeal, he argues that the indictment was defective due to the Commonwealth’s failure to present potentially exculpatory evidence to the grand jury.”
Commonwealth v. O'Connell, 174 N.E. 665 (Mass. 1931).
“The indictment, brought under G. L. c. 266, § 57, alleges that the defendant, as he was a commissioner duly appointed by the Probate Court, and also being a person upon whom a trust had then devolved, fraudulently converted money in the amount of $1,250 held by him for the use…”
Commonwealth v. Degennaro, 102 N.E.3d 427 (Mass. App. Ct. 2018).
· cites it 2× “The defendant specifically contends that his attorney failed to argue that applying a "novel construction" of the fiduciary embezzlement statute, G. L. c. 266, § 57, to the defendant would be an ex post facto application of the criminal statute, thereby violating the defendant's…”
DeGennaro v. Dolan (D. Mass. 2018).
· cites it 2× “State Court Proceedings On June 17, 2010, a Superior Court jury found both DeGennaro and Connors guilty of five counts of fiduciary embezzlement under Mass. Gen. Laws ch. 266, § 57 , one for each of the deposits received from the home purchasers.”
Connors v. Massachusetts Parole Bd., 187 F. Supp. 3d 338 (D. Mass. 2016).
“MEMORANDUM AND ORDER ON MOTION FOR A CERTIFICATE OF APPEALABILITY SAYLOR, United States District Judge Petitioner Charlene Connors was convicted in Middlesex County Superior Court on five counts of fiduciary embezzlement under Mass. Gen. Laws ch. 266, § 57 . She was sentenced to…”
Benjamin Tariri v. Commonwealth (Mass. 2025).
“[3] A grand jury subsequently indicted Tariri for numerous counts of embezzlement, in violation of G. L. c. 266, § 57; larceny over $250 from a person who is age sixty or older or who is disabled, in violation of G.”
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