Legal Question in Criminal Law in Washington

Theft from an LLC

I have a 94 year old grandfather and grandmother who have a LLC for their 4 daughters. We have come to find out that his oldest daughter has stolen more the $90,000 dollar from them from the LLC. We would like to know what legal action can be taken against her? Because my grandfather is so old (and my grandmother is dying right now) he wants to believe that she (the eldest) is not bad��..so he still has the oldest daughter on his accounts. We want to know if we went to the IRS with the information would they put a freeze on her access to all accounts so that she does not drain them of any remaining moneys?

Because all parties are responsible for an LLC would the other 3 sisters be held responsible for the stole funds even though they have proof that they had nothing to do with the theft?


Asked on 11/12/07, 11:55 am

3 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Theft from an LLC

You can apply to the court to become your grandfather's conservator. Once appointed, you could file a lawsuit agaisnt the stealing daughter.

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Answered on 11/12/07, 4:20 pm
Terry A. Nelson Nelson & Lawless

Re: Theft from an LLC

The IRS may be big, bad and intrusive, but they have no authority in this situation. If you intend to prosecute the crime, go to the police. If the family and/or the LLC intend to sue to recover the money, feel free to contact me for legal help you'll need in doing so. Only with a civil court order could you freeze or seize the accounts in question; even the police can't do that. You'd better take action quickly, or the money will disappear through spending or hiding, if it hasn't already.

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Answered on 11/12/07, 8:11 pm
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Theft from an LLC

You should be hesitant to go to the IRS as that will commence criminal prosecution of the daughter and the whole thing will be out of your hands. I suspect if the grandfather will not even take her off the accounts than seeing her locked up is the last thing he'd want. If he knew you were behind it he'd probably freeze you out of the accounts, etc.

You need to convince grandfather since it sounds like he has some executive control. His age is irrevelant. As for the liability of others--that depends on the specific business structure and contractual agreements of all involved.

This sort of complicated and delicate issue probably deserves the time and effort of sit down with a lawyer for a consultation.

At your service,

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Answered on 11/12/07, 1:09 pm


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