Hobbit@Law

Looking carefully at that which is unseen.

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.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: