fraud in the inducement
n. the use of deceit or misrepresentation to cause someone to act to his/her disadvantage, such as
signing an agreement or contract. The heart of this type of fraud is misleading the other party as to the
facts upon which he/she will base his/her decision to act.
misappropriation
n. the intentional, illegal use of the property or funds of another for one's own use or other unauthorized purpose,
particularly by a public official, a trustee of a trust, or by any person with a responsibility to care for and protect another's
assets (a fiduciary duty). It is a felony (a crime punishable by a prison sentence).
fiduciary
1) n. from the Latin fiducia, meaning "trust," a person who has the power and obligation to act for another
(often called the beneficiary) under circumstances which require total trust, good faith and honesty. The
most common is a trustee of a trust, but fiduciaries can include business advisers, attorneys, guardians,
administrators of estates, real estate agents, bankers, stockbrokers, title companies or anyone who
undertakes to assist someone who places complete confidence and trust in that person or entity.
Characteristically, the fiduciary has greater knowledge and expertise about the matters being handled. A
fiduciary is held to a standard of conduct and trust above that of a stranger or of a casual business
person. He/she/it must avoid "self-dealing" or "conflicts of interests" in which the potential benefit to the
fiduciary is in conflict with what is best for the person who trusts him/her/it. For example, a researcher
must consider to the best of their knowledge what the true cost of a proposed project will be for the
sponsor and not buy or expend sponsor funds on the basis of what brings him/her personal wealth or use
on other projects other than those authorized by sponsor. While a fiduciary and the beneficiary may join
together in a research venture or the purchase of equipment, the best interest of the beneficiary (sponsor)
must be primary, and absolute candor concerning disclosure is required of the fiduciary (recipient).
2) adj. defining a situation or relationship in which a person is acting as a fiduciary for another.
fiduciary relationship
n. where one person places complete confidence in another in regard to a particular transaction or one's
general affairs or business. The relationship is not necessarily formally or legally established as in a
declaration of trust, but can be one of moral or personal responsibility, due to the superior knowledge and
training of the fiduciary as compared to the one whose affairs the fiduciary is handling.