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Carlson Orchards, Inc. v. Linsey (In re Linsey)

296 B.R. 582 (2003)

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Carlson Orchards, Inc. v. Linsey (In re Linsey)

United States Bankruptcy Court for the District of Massachusetts
296 B.R. 582 (2003)

JL

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.)

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