Legal Question in Business Law in Wisconsin

My husband's partners in a medical practice have been stealing money. What was done-Botox was brought by the practice, overhead is shared based on productivity, and the senior and junior partner started using the drug far more than my husband who is primarily a reconstructive surgeon-and each pocketed all the profits while having my husband pay for 1/2 of the cost of the medication. The cost of the Botox was then buried under office supplies by the practice accountant who was in place with the senior partner when my husband joined the practice. When questioned it was always said "it all comes out in the wash". This amount of money does not come out in the wash. I'm far tougher than my husband, I was raised my a CEO, do I have the rights or ability to help rectify this situation. We live in Milwaukee Wisconsin


Asked on 12/10/13, 5:25 am

1 Answer from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

Stealing is stealing, no matter what it is called. There are at least two possible remedies: 1. try to get the D.A. to take this case; or 2. Hire an attorney and try to get the money back. Here are at least some considerations:

1. The D.A. is free, but busy and often won't do much is there is an alternate civil remedy;

2. A criminal conviction doesn't get you the money by itself. Restitution gets ordered, and if the person goes to jail or loses his/her license, it may still be hard to get paid;

3. Civil litigation is costly, but there are standards that must be followed by both sides. One is that discovery can take place and depositions, including accountings can be ordered. With that evidence, your case will either be made of fall.

Although I am a CPA and attorney, I practice as a CPA. I am not a litigator, but would work with our litigators to make sure the case is put together appropriately.

I agree with your initial assessment, that "It all comes out in the wash," is most likely not correct.

Get an attorney and protect your rights.

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Answered on 12/10/13, 2:31 pm


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