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Can a business partner be charged with embezzlement?
My husband owns a business along with a partner whom he went to school with. The are equal partners. We have discovered this year he had a $10,000 cashiers check issued to himself from a business loan that acts as a checkings plus account. He also has approximately $40,000 in exessive business expenses that are not legitimate which consists of buying himself lunch daily, liquor, pizza, dental, parts for a non-company owned car, down payments for unauthorized company car purchases, groceries, and etc. He has also been using company funds to make a payment on his personal car or RV. He also barely shows up to work. The most he shows up to work is about 15 hours a week. HOWEVER, they did not have a very detailed share holders agreement drawn up. So my husband has nothing in writing which states specific guidelines for expense or excessive spending.

Asked by suzychappuis
Posted: Tuesday, November 06, 2007  |  Found in Legal Issues


More answers by Nina Kaufman
Answer by Nina Kaufman
<P>Business partners absolutely can be charged with embezzlement. Embezzlement is simply a form of theft, but one perpetrated by someone who had a relationship of trust to the company. A business owner clearly applies as a person "in a relationship of trust." The use of business accounts to pay personal expenses is a common form of embezzlement. Before you fly into a rage (even if deservedly so), consult an attorney who is familiar with this area for help in the proper way to gather evidence. A false accusation can cost you even more money in a lawsuit and possibly incur defamation charges.</P>
Nina Kaufman has a New York City-based boutique law practice and is president of Wise Counsel Press LLC, which produces legal information products for entrepreneurs. She writes the Making It Legal blog and the Business Law Advisor column for WomenEntrepreneur.com.

Note: This response is for your general information only. Be sure to consult with an attorney regarding your particular situation to get the advice you need.



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