Misapplication of Entrusted Property NJ
In State v. Modell, 260 N.J.Super. 227, 615 A.2d 1264 (App.Div.1992), the Court addressed N.J.S.A. 2C:21-15, which makes it a crime for a person to misapply entrusted property.
That provision uses "benefit derived" language in grading the offense. Ibid.
In Modell, the Court concluded that "the benefit derived was that of the face amount of the funds used and not merely the value of the use of the funds for the period of time they were inappropriately used." Id. at 251, 615 A.2d 1264.