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

08807 |

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.

Attorney Answers 2


  1. 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 relationship. If you feel you need to speak with an attorney regarding your issue, it is recommended that you contact an attorney with expertise in your area of inquiry. The information related above is purely for informational purposes, and should not be acted upon without speaking with qualified counsel familiar with you specific situation and the laws related thereto.


  2. 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 purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.