Legal Question in Criminal Law in New York

embezzlement

Dear Sir or Madam, I have found out my partner has been using the company checkbook for his personal checkbook. He has forgone paying debts, but continues to pay his personal bills. I have a backup copy of the software that he uses to write the company checks, and I have asked the bank for the last 7 years of statements. It totals about 250k between am ex, visa, personal checks, and cash made out to himself. Should I go and file a civil suit with the D.A.? How do I get my money back because I havent been able to cash my checks because there is nothing left in the account. Thank you for any advice you can shed.


Asked on 4/10/07, 7:13 pm

2 Answers from Attorneys

Re: embezzlement

The District Attorney does not file civil suits -- the D.A. only brings criminal charges. You may want to consider both criminal charges and a civil suit but you should consult with an attorney before doing either. Does your partner have assets you could collect against? Please feel free to contact me to discuss your case.

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Answered on 4/10/07, 8:01 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: embezzlement

You cannot file a civil suit with the District Attorney.

You can file a civil suit on your own. You can inform the IRS especially if the business didn't file a proper tax form which included his "income."

You should however check with a lawyer before you do any of this. He should have a forensic accountant look over those documents you have and then he should advise you if you can safely bring charges.

Be sure your own house is in order before you bring investigators into your living room.

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Answered on 4/10/07, 9:07 pm


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