Legal Question in Business Law in New Jersey

We have a state society for the prevention of cruelty to animals that operate throughout the state. recently they served a warrant based on information from confidential informants. It took 6 months before they obtained an arrest warrant. The warrant was served on a Tuesday and the director of the private non profit shelter was arrested on several charges.

The private corporation is governed by a board of directors of which the arrestee was also one.

On the following day the state SPCA delivered a restraining order to the private corporation banning arrestee from entering the property and to turn over all books checking accounts savings accounts confidential materials and completely took over the operation and all of the assets of the company. IS THIS LEGAL?? And how can a judge in his right mind sign a document like that. Why wouldn't the remaining elected board members of the corporation, who were not involved in any cruelty charges, have the right to continue to operate their business? Why was it not up to them to determine if the employee should be suspended or not and determine whether or not they can return to the premises. After all being arrested does not mean you are guilty of what you were charged with. The board of directors do not agree with the charges and are standing by the employee but now the charging agency took over a private corporation without anyone ever being convicted of anything. does this sound Like America? I know its a long complicated question and it may not get answered here but I just needed to get it out there to see if there is anyone that agrees with me, that this is totally unconstitutional. It sounds like it should be unconstitutional in all states not just NJ. Thanks hope to hear back from you, John


Asked on 1/15/14, 4:47 pm

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

John, the state in its authority has every right to intervene on account of these allegations while an investigation ensues. This is a public interest matter. The person charged has a right to a vigorous defense and should be speaking with his own lawyer. Your NFP should also be discussing this with a lawyer in private to make sure that they are not overreaching.

I'm not really understanding why you think there should be some latitude afforded you guys just because you are a private entity? Let's say it was your kid that complained of abuse at her daycare facility. Would you be ok with operations there continuing as normal not knowing if there is evidence of systemic problems that may place kids in jeopardy? I see no difference other than in one scenario we are talking about animals and in the other children. You say he has not yet been convicted of anything. So if the person who your child alleged as abusing her said the same you would be ok with that person continuing his job because he is yet to be convicted? It doesn't work that way for some rather pragmatic reasons.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 1/16/14, 6:57 am


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