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View Full Version : My business partner embezzled a $5,600 check...


bigtiesto
Feb 1, 2011, 08:46 PM
My business partner stole a check that is worth well over $5,000. He convinced my client to give it to him, even though I am the boss and we had all agreed that the checks were coming to me.

He already owed me $2,200 from previous work I did for him, plus he used my copyrighted material for over a year (I never got paid for this).

The check he took off with is more or less my clients' marketing budget. He spent it all on clothes and other things. I found myself having to work for FREE for my client until the next check came. Most of the project essentially came to a halt because I couldn't make the necessary investments to keep things moving. My client is very disappointed from the lack of results that this has caused (I never told him.)

My partner lied to my client and abused my trust by taking off with the money he was supposed to bring to me. I did 95% of all the work. He screwed everything up on his end, stole copyrighted material from another entrepreneur and tried to pass it on verbatim to my client, saying he wrote it. I caught him. I have a lot of proof of all this. I recorded him confessing that he did take off with the check, that he agreed that I was the boss, that he doesn't have the knowledge to be a marketing consultant and other things that he will have a hard time talking himself out of in court. I have the dates and times, etc.

What can the consequences of his actions be? Jail time? Should I call the police? With the loads of proof I have, will it be relatively easy to win in civil court, and get him convicted in criminal court?

nelababii
Feb 1, 2011, 08:48 PM
I would suggest getting a lawyer and taking this to court. At least calling one and speaking to him or her wouldn't be bad. They can tell you if its worth going to court for. I would strongly advise that because from all the stuff you wrote I would be pretty angry myself. Take him to court and get the money and more back that you deserve

Fr_Chuck
Feb 1, 2011, 08:57 PM
It is a crime and you should call the police. You may call him in and give in perhaps 10 days to pay you back before you call the police.

Next I would assume you have stopped any business with them and fired them.

Next you say he is a partner, then he works for you, then you did work for him,
That is the only issue I see, what is the exact relationship, if he is a partner and owns part of the business, he may be legally able to take the money from the business.

And you mention copyright material, do you own it, or does the business own it, and that goes back to is he an employee or a partner.

bigtiesto
Feb 2, 2011, 07:13 PM
Thanks for your answers.

**Next I would assume you have stopped any business with them and fired them.**

Yes.

**next you say he is a partner, then he works for you, then you did work for him,
That is the only issue I see, what is the exact relationship, if he is a partner and owns part of the business, he may be legally able to take the money from the business.**

Not in that order.

I helped him with his business before we decided to work together. He said he was excellent at certain things (and if this was true, our relationship would have been a match made in heaven). However, he lied and exaggerated his claims. He is clueless, lost and an amateur at best (even with the things he said he was an expert at.)

We are not partners per se, we both have our names on the agreement though.

I had him agree that I was the boss because I knew that I have almost all the required knowledge and expertise, that's why I said he was working for me.

**And you mention copyright material, do you own it, or does the business own it, and that goes back to is he an employee or a partner.**

If you are referring to the work I did for him as a consultant and copywriter BEFORE I got this client, he never paid me for what I did for him, and he is still using my content. I own this copyright because he has not paid me in full.

If not... He wanted to write text for one of the sites. He can't write worth heck so he stole the text of another professional's website and tried to give it to my client word for word.

Thanks for your help!