Legal Question in Civil Litigation in West Virginia

Corporate Wrong Doing?

As an inducement to do business with a large chemical manufacturer, my wife's company (a sole proprietorship with me as non-paid employee who worked in the business 11 of the past 20 years), an agent of the company who acted as a supervisor, purchasing agent and ultimately a ''deal maker'' enticed my wife (we are now in the process of a divorce and one of the issues is this situation) to deliver kickback money as a prerequisite of doing business with this company. The amounts paid to this individual over the past four years totaled between $75,000-$100,000. There were many illegal activities involved in this, including wire fraud, mail fraud and theft of products and services. An investigation was launched by the company. I have been blamed and now a personal vendetta has been pointed at me. Wrongdoing, although not admitted by the company, was found and procedures (ordering and receiving) relating to this situation were changed. It was discovered during the investigation that products were shorted. My wife's company was banished from being a ''prime vendor.'' I have been smeared by company officials, including this agent. Any legal leg to stand on in a civil suit? It's a little more complicated than this space allows.


Asked on 9/02/02, 2:57 pm

1 Answer from Attorneys
David Schles Law Office of David Schles

Re: Corporate Wrong Doing?

I'd say the situation is a lot more complicated than your brief message. My first question is whether you are asking whether you have a "leg to stand on" in defending yourself in a civil action brought by the company against you or in a civil action you bring against the company.

Assuming you are asking whether you have a meritorious suit against the company, I would need to know many more facts. What do you mean by "unpaid employee"? What role did you personally play in the kickback scheme? Were you involved in or aware of the shorting of delivered product? Did you profit from any illegal or unethical behavior? What exactly did the company accuse you of doing and to whom were the accusations made? Is there any truth to the accusations?

Finally, if criminal activity took place you must consider whether you could be implicated before deciding upon a course of action.

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Answered on 9/03/02, 7:43 am


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