Every official of a financial institution and every officer, agent, clerk, servant,
or other person to whom any money or other property shall be entrusted for any specific
purpose, and every person acting as executor, administrator, conservator, guardian,
receiver, assignee, custodian, or trustee appointed by order, decree or judgment of
court, or by deed, will or other instrument in writing, who shall embezzle or fraudulently
convert to his or her own use, or who shall take or secrete, with intent to embezzle
or fraudulently convert to his or her own use, any money or other property which shall
have come into his or her possession or shall be under his or her care or charge by
virtue of his or her employment or for that specific purpose or by virtue of his or
her acting as executor, administrator, guardian, conservator, receiver, assignee,
custodian, or trustee, and every person who shall collect or receive money or property
from another for a commission to be retained out of the money or other property so
collected or received, and who shall fraudulently retain out of that money or property
so collected or received more than the amount of the commission, and shall embezzle
or fraudulently convert it to his or her own use, or shall take or secrete it with
intent to embezzle or fraudulently to convert the same to his or her own use, shall
be deemed guilty of larceny and shall be fined not more than fifty thousand dollars
($50,000) or three (3) times the value of the money or property thus embezzled or
converted, whichever is greater, or imprisoned not more than twenty (20) years, or
both, except that if the sum or value of the property embezzled is less than one hundred
dollars ($100), he or she shall be fined not more than one thousand dollars ($1,000),
or imprisoned not more than one year, or both.
Notes of Decisions
State v. Patrick Timothy McDonald, 157 A.3d 1080 (R.I. 2017).
· cites it 13× “Analysis Section 11-41-3 provides, in pertinent part, that: “[Ejvery officer, agent, clerk, servant, or other person to whom any money or other property shall be entrusted for any specific purpose, * * * who shall embezzle or fraudulently convert to his or her own use, or who…”
State v. Lough, 899 A.2d 468 (R.I. 2006).
· cites it 19× “The defendant, John Lough, appeals conviction after a jury found him guilty of embezzlement and fraudulent conversion in violation of G.L.1956 § 11-41-3. Lough maintains that the trial justice incorrectly instructed the jury on the elements required to return a conviction under…”
State v. Donato, 414 A.2d 797 (R.I. 1980).
· cites it 6× “1956, as amended, with the felonious intent to cheat and defraud * * * an insurance company, in violation of § 11-41-3 and § 11-41-5, G.L.R.I., 1956, as amended * * *.”
State v. Ricci, 533 A.2d 844 (R.I. 1987).
· cites it 3× “Thus, to recapitulate, we hold that § 12-12-14 sets forth two periods of limitation for the proffer of evidence in connection with violations of § § 11-41-3, 11-41-4, and 11-41-11. The state may offer proof of the designated offenses for a period of three years before the…”
State v. Crescenzo, 332 A.2d 421 (R.I. 1975).
· cites it 2× “1956 (1969 Reenactment) §11-41-3: “Every officer, agent, clerk, servant or other person to whom any money or other property shall be entrusted for any specific purpose * *.”
State v. Powers, 644 A.2d 828 (R.I. 1994).
· cites it 2× “1956 (1981 Reenactment) §§ 11-41-3 and 11-41-5. 1 The information was based upon the following facts.”
State v. McKone, 673 A.2d 1068 (R.I. 1996).
“General Laws 1956 § 11-41-3, as amended by P.L.1991, ch. 138, § 1 defines “embezzlement” as follows: “Every * * * officer, agent, clerk, servant, or other person to whom any money or other property shall be entrusted for any specific purpose * * * who shall embezzle or…”
State v. Oliveira, 432 A.2d 664 (R.I. 1981).
· cites it 2× “1956 (1969 Reenactment) § 11-41-3. The case was tried before a justice of the Superior Court sitting with a jury which returned a verdict of guilty against the defendant.”
State v. Kluth, 46 A.3d 867 (R.I. 2012).
“Section 11 — 41—5(b) provides in pertinent part as follows: "(b) Any person convicted of an offense in violation of §§ 11-41-1 - 11-41-7, except § 11-41-3, which involves a victim who is a person sixty-five (65) years of age or older at the time of the offense and which involves…”
State v. Champagne, 668 A.2d 311 (R.I. 1995).
“1956 (1981 Reenactment) § 11-41-3. After hearing counsel in oral argument and after reviewing the memoranda submitted by the parties, including counsels’ post-argument memoranda, we are of the opinion that cause has not been shown and that the issues raised by this appeal should…”
State v. Calitri, 459 A.2d 478 (R.I. 1983).
“1956 (1969 Reenactment) §§ 11-41-3 and 11-41-5, as amended by P.L.”
State v. Pari, 553 A.2d 135 (R.I. 1989).
“1956 (1981 Reenactment) §§ 11-41-3 and 11-41-5, and one count of accessing a computer for fraudulent purposes, G.”
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