Legal Question in Legal Malpractice in California

Background: My bookkeeper embezzled over $80,000 from our business and now is in prison for this offense serving 2 years 8 months. We found out this was her second offense for the same type of crime and the condition of her prior offense was that she could not handle money or checks for a business. She had to find another line of work that didn't require handling monies. We hired her as an office manager and bookkeeper. Her responsibilities were to generate accounts receivable, payables, financial statements and on occasion run for supplies for the office and kitchen. We were very surprised that while she was employed with our company for over 6 years, she was actually on probation and had an officer that was assigned to her.

Question: Obviously, this amount was devastating to our business during this most recent economic downturn, but I'm most upset at the government for which we pay substantial taxes for, that their responsibility was to protect the public from criminals such as our bookkeeper from re-offending while under their watch. How hard would of it been to verify her employment with our company? Not only did this parole department not do their job, they actually reduced her jail time from the recommended 3 years 8 months to 2 years 8 months. In my opinion the probation officer should be doing this time, he has cost our company, my employees who I had to lay off, my family and now the state of california while she is in jail and the continued probation after her time served. Who is responsible to make this department accountable? I'd like to find a lawyer who is interested in taking on this agency to send a message that there should be no excuse for not doing their job. This is Government Malpractice if there is such a thing. Thanks for you consideration.


Asked on 8/11/10, 12:32 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

First of all, who is it that you claim was negligent. First you say her probation officer, then "the parole department." Probation and parole are two different things. Next, how long ago did this happen? Even assuming you can sue a probation officer or parole agent for negligence, which is a difficult lawsuit at best, the statute of limitations for presenting a claim to a public entity is six months, has it been less than six months since she stole from you?

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Answered on 8/16/10, 12:44 pm


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