I had lost my stock certificates at the time of the hearing. During the hearing the partner was asked multiple times as to how much of the company he owned and he said approximately 55%. I have found the stock certificates now and we both own 45% each; clearly. For the past many years, this partner was also the CFO filing tax returns declaring that each one of us owned 45%. It is an C Corporation in the State of Texas.
I am now controlling the company and the partner has been removed as a governing person.
The corporate attorneys do not want to advise me on this criminal matter. So what are the consequences of filing the complaint. They are saying that it will attract too much attention from the DA?
Question: Does this amount to as Perjury?The hearing was about him asserting that certain acts in the company by me were done without his approval, when actually the other two partners (together in majority) agreed to the actions. So he placed a restraining order against me and the hearing was regarding that restraining order, which resulted in an injunction that is in place until the final hearing. I could not produce my certificates at the time of the hearing. There is no way on earth he did not know because the company has issued only four certificates ever, two for me and two for him and they are in sequence and he is the one who signed all four certificates. A couple of weeks prior to the hearing he also mentioned the split in an email and to some others in the company. I am in control of the company but there is still a hearing in the future that his attorneys are trying to take advantage of and possibly get paid as he probably had a contingency agreement with them.
What you have described is not perjury. This is an over-simplification, but testimony constitutes perjury only when it can be shown that the person knew the answer to be incorrect at the time the testimony was given. Ask Bill Clinton.
Secondly, it is extremely difficulty to interest a prosecutor in this type of case. You are in control of your company. Spend your time trying to make money and put all the other behind you.
I don't claim to know the answer to this. But I do believe that it is misplaced in "corporate." I think you'll get better responses in litigation, and I am going to move it there.
This is an interesting question-but you don't say what the hearing was about, why he was removed, what he testified about, or what you're trying to accomplish. Maybe re-ask.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyze the question differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in New York and Florida.
Proving perjury would be tough. Your post suggests that your partner knew the statement was incorrect but what is not clear is whether the statement was made with the intent to deceive. Perjury is defined as § 37.02. PERJURY. (a) A person commits an offense if,
with intent to deceive and with knowledge of the statement's
(1) he makes a false statement under oath or swears to
the truth of a false statement previously made and the statement is
required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter
132, Civil Practice and Remedies Code.
(b) An offense under this section is a Class A misdemeanor.
Most people do not intend to deceive under oath in court with knowledge of public filings showings the falsity of their statements. So, for that reason, proving the statement is perjurious would be difficult and of little interest to a prosecutor. Besides it is only a Class A misdemeanor.
Rather than devoting the time and energy to filing a criminal complaint, you would be better served by turning your attention to your business.
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Prosecutors rarely get interested in internecine disputes arising from management control issues. Now if he had walked with a million dollars that might be different!
Take the advice of my colleagues: turn you attention to positive matters.
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If your partner knowingly made a false statement under oath, then he could be liable for perjury. However, perjury happens in depositions and court rooms every single day. It's rarely prosecuted. However, if you can prove that he made a false statement under oath and there will be ongoing litigation, your attorneys may be able to impeach his credibility.
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