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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

State v. Larson, 605 N.W.2d 706 (2000)

Citation
State v. Larson, 605 N.W.2d 706 (2000)
Parent Document
State v. Larson, 605 N.W.2d 706 (2000)
Jurisdiction
Minnesota (state)
Effective Date
2000-02-03

Other Sections in This Document (127)

Full Text

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by receiving payment and then failing to use the proceeds to make agreed improvements on real estate. We held that the contractor receives the payment in a fiduciary capacity that “imposes a trust character on the payments, and it is a knowing violation of that trust, rather than a failure to pay a debt, which the statute makes punishable.” 302 Minn. at 46, 223 N.W.2d at 786. The requirement for a fiduciary relationship is also supported by Model Penal Code § 223.8 Theft by Failure to Make Required Dispositions of Funds Received; see also