Is this a criminal or civil case? And how to best proceed?

Sales rep ("Person A") represents the Company ("Company B") as a business development specialist. "Person A" was not under written contract as of the time, but was acting as an agent of "Company B " as per verbal agreement until such contract was developed. "Person A" received funds on behalf of "Company B" for the Project. Client C signed and completed the contract agreeing to pay "Company B" in cash. "Person A" disclosed to "Company B" that only half was paid at the time of signing the contract. Upon completion of the project the final balance was due for the Project. "Person A" disclosed that the full balance was initially paid and that the balance was unavailable to pay "Company B". "Person A" is being accused of theft and embezzlement and fraud.

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Attorney Answers (2)

Steven Todd Keppler

Steven Todd Keppler

Litigation Lawyer - Somerville, NJ
Answered

Person A should get an attorney. Embezzlement and fraud are criminal charges.

The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client... more
Michael T Millar

Michael T Millar

Business Attorney - Toms River, NJ
Answered

I agree with Mr. Keppler. Claims of fraud, theft and embezzlement can result in both criminal and civil claims.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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