Corporate Law Family member embezzled from corp., I'm being sued! HELP!

[AZ123]

Family member embezzled from corp., her daughter being sued! HELP!

Please help. A trusted family member embezzled money and helped support her adult child and her family. Now she's being sued for fraud. How can I help this family member?

 

[dee_dub]

Your title says you're being sued. The body of your post says your family member is being sued. Please clarify the facts. Who is suing who, and why?

If, as I suspect, your family member is being sued for something she actually did, the best you can do to help her is to pay for her lawyer.

 

[AZ123]

The person being sued is the daughter of the person who comitted the crime. The parent has already been criminally tried, convicted, and civily sued (and lost). Now the corporation is going after her daughter/family for monies they received from the parent. The case has been ongoing for over 3years. The corp. states that the daughter/family knew all along (even though they didn't). Advice??? Case law???

 

[AZ123]

I corrected the post title to reflect the actual situation.

 

[dee_dub]

I saw your other post about commingling of accounts. I'm guessing its related to this matter. The victim of the embezzlement is obviously concerned that the proceeds were used to benefit the daughter, and is interested in locating and re-possessing those funds.

I don't know what case law you're looking for. There is case law out there to the effect that funds gained through breach of trust can be "traced" into commingled accounts. I don't know your jurisdiction, and unless it's Canada, none of the case law I could cite you would be of particular use.

I guess the embezzlement is a done deal, and the only issue is whether the victim can recover from the daughter? Then her daughter should hire a lawyer. Or give the funds back, since they are ill-gotten in the first place.