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Theft by Conversion in Maryland

Illuvatarr
Illuvatarr
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I couldn’t find anything in the Maryland penal code on theft that outlines conversion as a criminal matter. Like many jurisdictions, conversion appears to be a tort in Maryland(only a civil matter). However, the location of the offending party may control on this matter. Take Texas, my home state, as an example.

A conversion of personal property occurs upon the unauthorized and wrongful assumption and exercise of dominion and control over the personal property of another to the exclusion of, or inconsistent with, the owner's rights. Pipes v. Hemingway, 358 S.W.3d 438, 449-50 (Tex. App.--Dallas 2012, no pet.). There is a common law claim for conversion as well as a Texas statutory cause of action.

Common Law Civil Conversion. There are four elements to the claim: (1) Plaintiff owned, had legal possession of, or was entitled to possession of the property; (2) Defendant assumed and exercised dominion and control over the property in an unlawful and unauthorized manner, to the exclusion of and inconsistent with plaintiff's rights; (3) Plaintiff made a demand for the property; (4) Defendant refused to return the property. Apple Imports, Inc. v. Koole, 945 S.W.2d 895, 899 (Tex. App.--Austin 1997, writ denied); see also Whitaker v. Bank of El Paso, 850 S.W.2d 757, 760 (Tex. App.--El Paso 1993, no writ). Conversion of intangible property is limited to cases "where the underlying intangible right has been merged into a document." Neles-Jamesbury, Inc. v. Bill's Valves, 974 F. Supp. 979, 982, (S.D. Tex. 1997). The limitations period for a claim of conversion is two years. Tex. Civ. Prac. & Rem. Code Ann. § 16.003(a).

In Texas, conversion is the civil/tort side of larceny.
Edited by Illuvatarr on July 7, 2019 4:32PM
  • Mettaricana
    Mettaricana
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    Who stole what lil more context than posting a random law?
  • Illuvatarr
    Illuvatarr
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    I think there was some confusion about the gravity and seriousness of the recent NDA violation. I think it is pretty important folks understand just how important signing an NDA is and that yes, it requires you to keep your *** mouth shut:)
  • daemonios
    daemonios
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    An internet lawyer!

    tenor.gif
  • ryzen_gamer_gal
    ryzen_gamer_gal
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    I think they may be referring to the selling of accounts

    You dont own the game, you lease it. You paid for that lease legally, then convert it to cash, illegally by selling it to a 3rd party. I think that's what they are getting at.

    And so i did a web search for clarification and found this

    According to Georgia law, theft by conversion is when you lawfully obtain another person's money or property and then, unlawfully, convert it to your own use. Theft by conversion is also applicable to rental property that you fail to return to its owner upon demand. Such crimes are typically charged as misdemeanors.

    So if you rent a carpet shampooer from walmart and don't return it, then sell it... you are guilty of theft by conversion.

    This would also apply to rent to own items such as furniture, appliances, and electronic equipment.

    I can only guess they mean the selling of accounts? Unless they provide clarification it's hard to say

    Edited by ryzen_gamer_gal on July 7, 2019 4:42PM
  • Illuvatarr
    Illuvatarr
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    daemonios wrote: »
    An internet lawyer!

    tenor.gif

    Hehe definitely not a lawyer. I can read though and that was conveniently posted on a lawyer friends website:)

  • drkfrontiers
    drkfrontiers
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    Wat??
    "One must still have chaos in oneself to be able to give birth to a dancing star."
    ~ Friedrich Nietzsche
  • ssewallb14_ESO
    ssewallb14_ESO
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    Do you like making threads that will get deleted?
  • Illuvatarr
    Illuvatarr
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    Yes/no/maybe?
  • Kadoin
    Kadoin
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    I sense a lock coming and maybe a warning...
  • Jayman1000
    Jayman1000
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    I very much doubt theft by conversion has anything to do with breach of NDA. An NDA is an agreement so that would fall under contract law, so that you may be held liable for damages if you break the contract. Probably not the right forum to discuss such things.
    Edited by Jayman1000 on July 7, 2019 11:05PM
  • Illuvatarr
    Illuvatarr
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    Jayman1000 wrote: »
    I very much doubt theft by conversion has anything to do with breach of NDA. An NDA is an agreement so that would fall under contract law, so that you may be held liable for damages if you break the contract. Probably not the right forum to discuss such things.

    If there is intellectual property involved, it by definition does and I would wager there is language in their NDA clearly spelling out the intellectual property at risk.

  • [Deleted User]
    [Deleted User]
    Soul Shriven
    Hello everyone,

    With this thread being a bit off-topic for the ESO Forums, we're going to go ahead and close it down. For further posts be sure to stay constructive when creating topics to avoid threads that don't go anywhere well.

    Thank you for understanding.
    Staff Post
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