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.
Person A should get an attorney. Embezzlement and fraud are criminal charges.
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I agree with Mr. Keppler. Claims of fraud, theft and embezzlement can result in both criminal and civil claims.
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