Carlson Orchards, Inc. v. Linsey (In re Linsey)
United States Bankruptcy Court for the District of Massachusetts
296 B.R. 582 (2003)

- Written by Josh Lee, JD
Facts
Nina Linsey (defendant) embezzled money from her employer, Carlson Orchards, Inc., during the 11 months she worked there. Linsey embezzled more than $100,000 during that time by writing extra paychecks to herself and by diverting checks payable to Carlson Orchards. Linsey used the embezzled funds to buy two vehicles and make improvements on her property. Linsey primarily used two bank accounts to deposit the funds and paid for the vehicles and improvements out of those accounts. Carlson filed a request in the bankruptcy court to impose a constructive trust over the two vehicles and approximately 32 percent of the land. During the trial, Linsey admitted that the vehicles were purchased with the embezzled funds. Carlson showed that 11 checks were written by Linsey from the relevant accounts to pay for various home-improvement services. The evidence presented also included the historical balance information for the accounts.
Rule of Law
Issue
Holding and Reasoning (Rosenthal, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.