Puerto Rico Jury Instruction - 3.3 Breach of Fiduciary Duty
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Penalties for Breach of Fiduciary Duty A breach of fiduciary duty is not a criminal offense, although there can be criminal charges pressed in relation to the same incident. The penalties for a breach of fiduciary duty are typically monetary and direct compensation for financial and other losses.
There are thirteen courts of appeals: eleven numbered circuits (First through Eleventh), the United States Court of Appeals for the District of Columbia Circuit and the United States Court of Appeals for the Federal Circuit. Not all circuits have published jury instructions: the Second and Fourth Circuits do not.
A fiduciary is expected to be extremely loyal to the person they owe the duty (the "principal"): they must not put their personal interests before the duty, and must not profit from their position as a fiduciary, unless the principal consents.
Any fiduciary who breaches the fiduciary responsibility provisions of the Employee Retirement Income Security Act of 1974 (ERISA) is personally liable to make good to the plan any losses suffered by the plan and return all profits made through the improper use of plan assets.
If a director of a company breaches his or her fiduciary duties, they could face civil action and, in some cases, criminal sanction.
Penalties for Breach of Fiduciary Duty The penalties for a breach of fiduciary duty are typically monetary and direct compensation for financial and other losses. There can also be attorney fees, court costs, and other legal expenses.