Hobbit@Law

Looking carefully at that which is unseen.

Daily Archives: November 17, 2011

Thinking about: Negligent use of public money

Why isn’t there a crime of “misuse of entrusted state monies?” Elements would be simple – an elected or appointed official who is responsible for disbursal of funds, or an employee under the control of such an official, who provides funds to any individual or group without achieving the stated results, is subject to criminal sanctions, UNLESS that person makes restitution of the funds to the public treasury. Add enforcement by civil trial (i.e. proof by preponderance of evidence), a private right of enforcement by any taxpayer who paid money into the fund so misused, attorney fees, and you’re off and running.

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