Legal Question in Criminal Law in California

embezalment

Over a year ago my fathers attorney had stolen at least $600,000 from our business. Now we are in danger of losing our home and going through much mental anguish. This person is already a convicted felon for embezalment. The attorney has been able to set a restraing order against us. What should we do?


Asked on 8/04/08, 4:29 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: embezalment

If he was prosecuted, you should have gotten a restitution order from the criminal court. If you did, then the probation department generally administers those orders and tries to collect for you.

If you didn't get a restitution order, and even if you did, if you think he has any assets you collect against, then you could sue. A criminal conviction on that theft makes the civil case a slam dunk. If that is the situation, feel free to contact me to discuss your rights and remedies.

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Answered on 8/04/08, 5:24 pm
James Obecian law office san diego

Re: embezalment

Has he been prosecuted? Was restitution ordered? You may sue him for conversion. Any assets to collect on now? Contact me directly.

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Answered on 8/05/08, 9:44 pm


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