Legal Question in Business Law in New York

can I charge my business partner and soon to be ex-spouse with embezzlement, fraud or something similar? For nearly one year, since I filed for divorce, he has taken all business profits as his own, encouraged cash payments for business sales and failed to provide receipts for those sales, has withheld sales and expense receipts making it impossible to pay sales tax and file income tax (extensions have been filed), removed business equipment and vehicles from business address and property to his own address. The business was purchased by me prior to the marriage to him. All prior income tax filings have me listed as 95% partner and him as 5% partner. Can he legally take all profits and business equipment/proerty for his own? I don't expect to every see any of the money he has kept for himself. I want him to receive criminal charges.


Asked on 5/04/11, 4:49 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say this. Talk to your divorce attorney and see what he or she says. The police don't like to get involved in domestic disputes. As you might imagine, charges of criminal conduct are common place in a divorce. Use his behavior to get a better than usual divorce settlement. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 5/04/11, 9:34 am


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