Legal Question in Business Law in New York

Re: Embezzlement

HIRE AN ATTORNEY NOW! - file a police report in order to start a paper trail for support for your civil action.

If you need further assistance or would like to further discuss this case please contact my office.

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Re: Embezzlement

The District Attorney's Office will most likely turn you away as the case involves a primarily civil dispute. I recommend that you consult an attorney. You have provided too little information for me to give you any concrete advice, however, it sounds like you need to commence dissolution proceedings and to bring an action against your wife's co-shareholder/director for breach of fiduciary duty, conversion, fraud and other causes of action.

If you would like more information, please feel free to contact me.

Marshall R. Isaacs

Re: Embezzlement

I agree with the response given by Attorney Iaacs. I would only add that if you know where the bank account is, and there is a real risk of loss, then discuss with an attorney whether filing an order to show cause seeking an order of attachment makes sense. In other words, you want to freeze these corporate assets until the case is resolved. That will take some of the wind out of her partner's sails and hopefully bring her to the bargaining table sooner. If you can get the order signed and serve it with the complaint, you will be in an immediate position of strength. Alternatively seek to have her ordered to post the money with the Court or at least an attorney's escrow account until otherwise ordered by the court.

Re: Embezzlement

Filing a police action is a good idea but will probably not yield major results, but if nothing else it could bolster the claims you may have against the partner which may include, among others, fraud, civil embezzlement, conversion, breach of fiduciary duty. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Re: Embezzlement

You should definitely file a police report, although it is doubtful it will accomplish anything other then create a record.

In situations such as you describe, there is a remedy called a shareholder's derivative action, in which your wife would bring an action in her own name and the name of the corp to recover the funds, and by the way, if she does not move quickly those funds may disappear,

As to pursuing this yourself, you really do need an attorney for this,

Re: Embezzlement

Don't bother with the police. Retain counsel and file suit immediately.

Good luck!