McCrimmon v. State

When a financial agent holding a power of attorney for a nursing home resident embezzles and misappropriates her charge’s monies, including those intended to pay the facility’s bills, is the nursing home transformed from a mere creditor to a “victim” for purposes of state restitution laws? Under the circumstances of this case, we answer “no.”

BACKGROUND

This appeal arises from the 2012 conviction in the Circuit Court for Baltimore County of appellant Penny McCrimmon for embezzlement and misappropriation of funds by a fiduciary and from the court’s sentence that included an order for restitution.