Legal Question in Criminal Law in California
Investment Fraud?
My business partner and I started an LLC together, and then had an investor invest over 300k with us on some real estate projects. My partner didn't invest the monies into the projects as promised, I didn't have anything to do with it. Now the investor is threatning to sue; am I facing exposure to fraud or larceny at the state or federal level? There was never any intent to decieve, it was all a legitimate deal, but my partner just didn't invest the monies as planned.
3 Answers from Attorneys
Re: Investment Fraud?
Based on the facts you have provided, you are not guilty of fraud or larceny but your partner and your LLC probably are. If prosecutors don't believe things happened as you have described, you may be charged. If a judge and/or jury believe you are guilty, you may be convicted. Now might be a good time to start interviewing criminal defense attorneys just in case.
Re: Investment Fraud?
If what you are saying is true, it is unlikely you would be criminally charged. Perhaps your partner will be. LLC is not a human being so it cannot have criminal charges filed against it. Perhaps you can be charged as part of some kind of conspiracy but I just doubt it.
It all does not seem likely although I admit I would need to know more facts such as what happened with the money? Is there anything which could indicate fraud? or we are simply talking about regrets and sour grapes from a deal gone bad?
I would consult a criminal defense attorney. Many, like me, will gladly meet you without obligation on your part.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: Investment Fraud?
You're facing potential criminal charges, but more likely you'll be sued for fraud and other causes of action. You'd better get an attorney immediately to begin 'damage control' and prepare to defend against a lawsuit. It may be possible to persuade and negotiate your way out of serious problems, depending upon the actual provable facts. Feel free to contact me for the legal help you need. I've been doing this kind of litigation for almost 35 years.
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