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 New York, 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 wrongful act. This is distinct from theft, which is prosecuted as a crime under New York Penal Law. While criminal prosecution aims to punish the offender, a civil action for conversion focuses on compensating the victim for their loss. Victims of theft may pursue both criminal charges and a civil lawsuit for conversion. The civil action does not depend on the outcome of the criminal case and has a lower burden of proof, requiring a preponderance of the evidence rather than proof beyond a reasonable doubt.