Legal question: What is the criminal thresshold for embezzlement??

Question

One of two partners (partner A) changed the locks on the doors and bank accounts while the other was away. Partner A has taken 70% of the income (k1's) through draws. Partner A through deposition states he disolved the company by the end of 2005 but continues to write checks from the new bank account of the business owned by both partners A and B. (although it is under the company they both owned only partner A has his name on it as a signer, partner B has no access at all to these monies). Partner A wrote checks (from that account) to his new company for large sums of money and then again to himself in march of 2006. He incorporated and says dissolved by Dec 2005 without distributing the monies evenly or correctly.

Partner B is interested if the thresshold for embezzlement has been reached and if a criminal complaint could be filed? police station or District Attorneys office?

Answer 1

The threshold is one cent to make it a crime and it becomes a felony if the amount taken is greater than $400. In most jurisdictions you would report the crime to the police unless the District Attorney has some special arrangement with the police in which they handle specific crimes. That is not likely in the case you have described. The biggest problem that partner B would have is access to the records to convince the police that a crime occurred. The other possibility is to sue partner A in civil court. That would require getting an attorney willing to handle the matter. The first thing that partner B should do is demand in writing an accounting of the books of the corporation. partner B should have been receiving his K1s and they may be some help in determining how much money is involved. I just did one of these in which over a million dollars was involved and Partner A died leaving B with nothing. Your Partner B should start doing something right away because the money trail becomes more difficult to trace with each passing day and all of the assets will also disappear.

Answer 2

Without the particular statute in question I cannot tell you. I recommend that you first decide the jurisdiction (state or federal) and then pull the appropriate statute. You have quite a lot of information here, however you may not have enough. The criminal complaint should ALWAYS be filed with the district attorney, however you will first have to file a criminal REPORT with the police station.

Answer 3

If there's a minimum, it may remember on the state the partnership grew to become into in. the quantity could rely in keeping apart a misdemeanor from a legal, yet i've got faith against the regulation has got here approximately at any volume.