Legal Question in Criminal Law in California

Spousal Embezzlement

I co-own a corporation with my spouse through COMMUNITY PROPERTY law in California (On the book, my spouse is 100% owner.) I played an integral role in developing and growing/rescuing the business. My spouse is CEO and I was CFO.

My spouse fired me and left me with no income after an argument. Being vindictive, my spouse wanted me to seek unemployment benefits. My spouse then attempted to divorce me and tried to take 100% of the company, but failed because of community property law. We reached a settlement.

I had no income. I decided to ask an employee to divert checks to me, and I cashed them in my personal bank account because I needed money and my spouse was becoming violent at home, uncooperative, did not give me money while he cut off my income etc. I figured that since I am the implied 50% owner of the company, the employee would be free of trouble because she was taking orders from the co-owner.

The amount was +2 Million USD, but the company is still functioning. Now I am threatened with embezzelement. What are my options?


Asked on 7/15/09, 3:57 am

5 Answers from Attorneys
George Moschopoulos The Law Office of George Moschopoulos

Re: Spousal Embezzlement

Who exactly is threatening you with embezzlement? Only the district attorney can bring charges against you for this crime. Have you been contacted by an investigator or law enforcement of any kind?

If so, do not give a statement without an attorney present.

Read more
Answered on 7/15/09, 4:08 am
David M. Wallin Law Offices OF David M. Wallin

Re: Spousal Embezzlement

This is a very complicated matter and should not be addressed over the internet. You will need to discuss the entire matter with an attorney proficient in criminal defense as well as an attorney highly qualified in family law issues and related issues of community property. I don't know where you are located but if you are close to 1 of my 3 offices you should speak to me face to face. I would have an associate present, either in person or by phone who is a family law attorney so we can make sure we give you the information you need. Whoever you see, see someone qualified immediately. I wish you well. David Wallin

Read more
Answered on 7/15/09, 11:01 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Spousal Embezzlement

You need to file for dissolution immediately to assert your community property rights and obtain an attorney with both family law and criminal law experience. Contact me directly.

Read more
Answered on 7/15/09, 1:30 pm
Terry A. Nelson Nelson & Lawless

Re: Spousal Embezzlement

Threatened with 'embezzlement' means felony criminal charges and potential prison time. Options? One. Defend the charges, using whatever admissible and credible evidence and facts you may have. You've already partially confessed to the crime in your public posting. I suggest you exercise your 5th Amendment rights to SHUT UP and talk in future only through your attorney. If serious about getting legal counsel to help you avoid further self-induced problems, and defend you in this, either in criminal court or working out a civil compromise to try to avoid criminal charges, feel free to contact me asap.

Read more
Answered on 7/15/09, 1:39 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Spousal Embezzlement

Your best option is to get on this as soon as possible, with an assistance of an attorney, to convince any invstigators/prosecutors that this should be treated as a civil matter. Might or might not work as it appears you could be charged criminally because the checks were not authorized.

Feel free to contact my office for a confidential and free consultation.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

Read more
Answered on 7/15/09, 6:57 pm


Related Questions & Answers

More Criminal Law questions and answers in California