Fraud, Embezzlement, Bad Checks embezzlement

[nuitnoel]

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?

 

[nuitnoel]

I should have added that a third party, unrelated to the corporation filed a complaint. The individual had no interest in the corporation or involvement. Anything that went on inside the corporation was none of his business. He opened mail belonging to the board, , accessed the corporation's bank statements and made a complaint without knowing the facts involved. At the time he opened the bank statements, the board had already been dissolved for a year.

I've been told that charges were filed with the county PD and a warrant would be issued for my arrest. I have an email from one of the board member's acknowledge the loan of the funds.

I would love some insight.

nuitnoel

 

[army judge]

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.

 

[nuitnoel]

thanks! hope to write more

 

[MorgansDaddy]

Did he have legal rights to open the bank statements? If I read it correctly he opened bank statements that were not addressed to him, which means he is the one who should be charged. Not a lawyer, so I don't know, but I thought a court order was needed to get documents like that. Sorry I don't have advice, just an opinion.

 

[MorgansDaddy]

not to mention Army Judge gave you the best advice you're going to get.

 

[mightymoose]

The OP is calling it a "loan", but has there been any attempt to repay it? If I read this correctly, the money changed hands over a year ago. Simply calling it a loan doesn't avoid embezzlement charges.

Who is the victim, you asked? Well, where did the money come from?

 

[nuitnoel]

embezzlement info

All of your responses are helpful.

The individual who opened the mail was a supervisor. The mail was addressed to me. This was the 4th or 5th time he opened mail that was not addressed to him. It was reported to the USPS and of course, they did nothing. He then managed to access canceled checks for the corporation and because he did not understand the purpose of the checks, he accused me of embezzlement.

Next, the corporation never filed a complaint. This supervisor filed the complaint. This is why I ask, who is the victim? Isn't the corporation the victim? So if the corporation is dissolved, and did not file a complaint, how does this individual who had nothing to do with the board file a complaint?

I do have an email from the acting VP of the board (prior to the dissolution) that she supported the loan.

Lastly, the check was written in one county (where I reside), another check written in another county (written to pay an attorney in that county) and the corporation address was in another county. Which county has jurisdiction to investigate.

I would just like to mention, that expressing opinions on guilt, etc is not necessary. We are innocent until proven guilty. I'm just seeking some factual information. It will be up to a jury to determine whether the loan is considered embezzlement.

It will really help to stick to the specific questions without making judgments.

Thanks, sincerely.