Legal Question in Business Law in Maryland

Employer Theft and property misuse

I work for a very small, Limited Liability Company (LLC), with the President and his daughter is the Vice Presdient. She basically runs the company and he just periodically shows his face. she is the VP and apparently owns a very small percentage, like 3%, of the company.

As employees, we recently uncovered information that demonstrates she has been purchasing personal goods on the company card. This merchandise includes furniture, jewelry, and electronics. The total is over $10,000. Her father, the President, knows nothing about it, and neither do the primary investors. She is always saying how we don't have enough money for christmas bonuses etc. She also stopped our 401k accounts and owes all of us money into it, yet hasn't paid it.

My question is: Since she is a very minor owner in the company, is this activity still illegal??? she is using company funds to pay on the credit cards she is using. In our opinion, this is pure theft, but we are not sure if there is some law that covers her because she has some amount of ownership. We have sent an anonomous letter to the primary investors to check this out.

I would appreciate an answer


Asked on 12/23/03, 4:46 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Employer Theft and property misuse

The first question is what is the basis of compensation for the vice president. The articles of the corporation would identify this.

Secondly, requirements set in Federal law apply to the 401(k). Matching portions may be required based on the parameters of the plan.

Thirdly, permitted activities of the corporation and significant decisions are set out in the minutes of the meeting.

Fourth, if a plan has been set into action to defraud the investors then you should contact the State. If you are not an investor then you do not have standing to bring this matter forward.

Five, any criminal matter would need to be pursued by a complaint filed with the State Attorney.

Hope this helps.

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Answered on 12/23/03, 7:13 pm


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