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LegalGround >> Brother fired someone, BOA messed up - embzled 64k


6/14/11 3:24 PM
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Road Warrior Fin
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 My brother owns a HVAC company.

He fired someone who had the position of financial trust but called BOA to cancel it.  BOA screwed the pooch and took longer on it and dude fucking wired 64k into his girlfriend's account and then she put out a cashier's check.

Cops said it is a civil manner?  Does he need to contact the FBI office in Vegas, Nevada?  What does he do, he spoke to one lawyer that kind of shrugged it off.

What do you do if the cops are sitting on their asses?  Directly talk with the DA?  Talk with a lawyer that has DA connections?
6/17/11 1:54 AM
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KenTheWalrus
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Embezzlement can be tricky. Go through civil court, get the award, then seek criminal charges.

6/17/11 3:11 AM
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Cookie Monster
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That is most certainly NOT just a civil matter. Its clearly criminal. His employment was terminated (thus ending his lawful ability to handle the $) THEN he took money. Out and out theft at that point, not embezzlement, IMHO. But each state is different.

I would recommend trying other L.E. agencies to try to pick this up. Approach them with the evidence (i.e. termination notice, bank records, etc.) as police have a tendency to not want to do any more work than necessary. By doing the heavy lifting for the police you increase the likelihood of them initiating an investigation.

If the cops do not bite, then I would try to approach a prosecutor directly.

If that doesn't work I would try sending a threatening letter to him AND his girlfriend (remember she is complicit) by a lawyer letting him know what happened and that if the $ isn't returned immediately you will go to the police/FBI, etc. And will prosecute to the fullest. Sometimes the threat of going to the cops when they know they are busted is enough. Especially if his GF gets spooked.

Nothing gets things done like the threat of a felony and prison time.

Civil courts can take FOREVER to finalize a case.
6/22/11 8:21 AM
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kidpresentable
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 See above.
6/24/11 6:24 AM
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RexKwonDo
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Great post. I learn more about the practice of law on here than I do in my law school classes.

6/24/11 8:58 AM
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KenTheWalrus
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Cookie Monster - That is most certainly NOT just a civil matter. Its clearly criminal. His employment was terminated (thus ending his lawful ability to handle the $) THEN he took money. Out and out theft at that point, not embezzlement, IMHO. But each state is different.

I would recommend trying other L.E. agencies to try to pick this up. Approach them with the evidence (i.e. termination notice, bank records, etc.) as police have a tendency to not want to do any more work than necessary. By doing the heavy lifting for the police you increase the likelihood of them initiating an investigation.

If the cops do not bite, then I would try to approach a prosecutor directly.

If that doesn't work I would try sending a threatening letter to him AND his girlfriend (remember she is complicit) by a lawyer letting him know what happened and that if the $ isn't returned immediately you will go to the police/FBI, etc. And will prosecute to the fullest. Sometimes the threat of going to the cops when they know they are busted is enough. Especially if his GF gets spooked.

Nothing gets things done like the threat of a felony and prison time.

Civil courts can take FOREVER to finalize a case.
Good advice. My concern would be proving that he was fired before he took the money.
 
6/24/11 9:58 AM
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Road Warrior Fin
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 Things have been resolved.  The bank actually went hardcore on it since they realized the mistake, froze all accounts and was able to prevent them from opening any other accounts anywhere else.  Her money from work was also direct deposited and they had noone to go to for cash either.
7/6/11 2:41 AM
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Road Warrior Fin
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 If his girlfriend agreed to give me back the money to settle the debt and I would call off the investigation and I agreed. After I got the banks to release the money she turned around and gave the money back to tom and in turn lied to me and the bank investigators if there is a criminal act there? Purjery or something similar?
7/26/11 8:34 AM
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Road Warrior Fin
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 Ahhhh

welp - time to 1099-MISC his ass and catch him on left over from last year.

He won't have the money to cover it knowing him and the IRS will follow his ass for the rest of his life.

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