If a corporation is dissolved and there is no longer a board of directors, and if funds were remaining and loaned to one of the board members (about $2,000) is this considered embezzlement?
If none of the board members accused the individual of embezzlement or filed a complaint, can a state bring charges against that individual for embezzlement?
If there is no corporation, who was harmed?
Help?
If something were, indeed a loan, then it could never become embezzlement.
It could be something else, but not embezzlement.
Embezzlement is defined as:
the fraudulent appropriation of funds or property entrusted to your care but actually owned by someone else.
If it went down like you said, it couldn't be embezzlement.
But, it COULD be the breech of some other fiduciary duty or trust.
Seek the guidance of a criminal attorney in your jurisdiction, or wait for the rains to fall or the sun to shine.
Hang onto to that email, and entrust it to no one else.
Show it only to your attorney.
That could be your get out of jail card, assuming the person that gave you the "loan" had the authority to do so.
Since you say this is part of an ongoing BK, the feds might be after you.
But, who knows, state persecutors sometimes get very 'creative'!
If it were me, I'd have a $2,000 cashiers check to repay the loan in FULL, when and if, the authorities come crawling!
I mean, if its a loan, it has to be repaid.
It wasn't meant to be a gift.
