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Cicoria v. State, 332 Md. 21, 629 A.2d 742

Facts

Cicoria and his wife were indicted for stealing over $64,000 from his campaign political committee, Citizens for Cicoria (CFC). The indictment alleged that they engaged in various schemes to divert campaign funds for personal use, including misrepresenting loans and improperly handling contributions. Despite Cicoria's claims of ownership over the funds, the court found that the campaign committee, not Cicoria, had the legal ownership and control over the contributions.

Cicoria and his wife were indicted for stealing over $64,000 from his campaign political committee, Citizens for Cicoria (CFC).

Issue

Whether a candidate for public office can be convicted of theft and conspiracy to commit theft when the funds alleged to have been stolen are those contributed to the candidate's campaign political committee.

Whether a candidate for public office can be convicted of theft and conspiracy to commit theft when the funds alleged to have been stolen are those contributed to the candidate's campaign political committee.

Rule

Under the Maryland Theft Statute, a person can be convicted of theft if they exert unauthorized control over property belonging to another, with the intent to deprive the owner of that property.

Under the Maryland Theft Statute, a person can be convicted of theft if they exert unauthorized control over property belonging to another, with the intent to deprive the owner of that property.

Analysis

The court applied the theft statute by determining that Cicoria did not have the requisite ownership or control over the campaign funds, as defined by the law. The court emphasized that the Fair Election Practices Act established that campaign funds must be managed by a treasurer, and Cicoria's actions in diverting those funds constituted theft, regardless of his claims of personal use for campaign purposes.

The court applied the theft statute by determining that Cicoria did not have the requisite ownership or control over the campaign funds, as defined by the law.

Conclusion

The Court of Appeals affirmed the conviction, concluding that Cicoria's actions constituted theft under the Maryland Theft Statute, as he did not have lawful ownership of the campaign funds.

The Court of Appeals affirmed the conviction, concluding that Cicoria's actions constituted theft under the Maryland Theft Statute, as he did not have lawful ownership of the campaign funds.

Who won?

The State prevailed in the case, as the court upheld Cicoria's conviction for theft, finding that he unlawfully exerted control over campaign funds that did not belong to him.

The State prevailed in the case, as the court upheld Cicoria's conviction for theft, finding that he unlawfully exerted control over campaign funds that did not belong to him.

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