Legal Question in Criminal Law in Montana

Felony Theft in a Dissolved Corporation

I was 80% stocholder that went into bankruptcy. I was also the founder of the corporation. I was divorced and the judge gave everything to my ex-wife, ruling that my holdings in the corp were more valuable than all other community assets. He also awarded her $40,000 and made me pay her legal fees and debts. I was not able to and was ordered in contempt and sent to jail for 5 days. In our hearing the judge basically ruled that the corporation was strong and healthy and if I didn't make the payments of $2500 a month I would be sent to jail for 5 days every month. My lawyer advised me to make the payments from the corporate funds. I did and now I'm being charged with felony theft. Do I have a defense?


Asked on 12/12/00, 6:23 pm

1 Answer from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: Felony Theft in a Dissolved Corporation

Based upon the information you have provided, you may have a defense. I'm sure there is much more to this and you have tried to shorten a long story to post here. I guess the best I can do is give you the standard and usually unsatisfying lawyer answer, which is, it depends. It depends on many factors and I'm sure your lawyer will assist you. You definitely do need a lawyer. Good Luck.

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Answered on 12/13/00, 10:35 am


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