Legal Question in Business Law in New York

is he criminal

we invested a lliquor company in New York in 04. The president of the company did not invest money but represented a famous foriegn liquor. President used our money to apply for the liquor operation licenses in US and to run an office in New York. Since then, we have not received any distribution becuase president kept all revenue for himself. Now, we found that he registered a new company with the company's liquor licenses and registered himself as owner of the company on 8/16/95. The new company occupied the same office. President used the new company name to do business in another country and signed many deals and received at least $200,000. We sued him and he ran away to the foriegn country. In the foreign country, he contiues to do business with our company's liquor license. When he reached a deal with a brewery, he sneak back to US and find a lawyer to submit the liquor label certificate applicaiton, then he sneaks back to the foriegn country to collect money and to do more business. Since he controls the license, we can not do any business. Is his action criminal? can we reprot the state attorney general to stop him in the airport? If yes, which office should we reprot, address and phone number? How can we recover license


Asked on 7/23/08, 5:43 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: is he criminal

Based on the facts as you've presented them here, you probably have a civil cause of action against this president; whether the state would pursue a criminal action or not I don't know. However, you'd gain nothing from the criminal action; it's the misgotten profits you want, and those would come from a civil action.

In terms of a civil matter, it's arguable from the facts you present that you can get jurisdiction over his person, which means you may be able to sue in the United States (rather than in whatever foreign country he's in) and he will have to answer the suit or face a default judgment which may be enforceable against him in many foreign countries.

Understand that jurisdictional questions of this nature are very, very fact-specific. This response is based only on the facts as you have presented them. If these facts are in any way erroneous or incomplete, that may dramatically change this picture and, thereby, my response.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 7/23/08, 11:45 pm


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