Conversion (theft) is generally the cause of action/claim for which a party whose property has been stolen may file a civil lawsuit to recover the stolen property or its value. Theft is also prosecuted as a crime, but the object of a criminal prosecution is generally to punish the wrongdoer, rather than to seek recovery of the lost property.
In Massachusetts, conversion is a civil cause of action that allows a person whose property has been wrongfully taken or retained to seek recovery of the property or its monetary value from the party responsible for the conversion. This is distinct from theft, which is prosecuted as a crime under Massachusetts law. The criminal prosecution of theft aims to punish the offender and is handled by the state. The penalties for theft, which may include fines and imprisonment, are outlined in the Massachusetts General Laws (M.G.L. c. 266). However, the criminal process does not typically provide direct restitution to the victim for the stolen property. For this reason, victims of theft may choose to file a civil lawsuit for conversion to recover their property or its value. The civil action for conversion focuses on compensating the victim for the loss, rather than punishing the offender, and is pursued separately from any criminal proceedings.