[annf58]

I am a majority shareholder in a farm with my parents. It is leased out to my bother. I was away from the area for 15 yrs. And came back to take over sec.-treas. From my mother. When I got some of the books back I reaqlized that she NEVER had my brother put the utilities in his name. This amount to about $ 50,000.00. When I asked my mother about it she said we're family. Can I get the money back? Can I have my mother arrested for defrauding the corp. It's a C corp.
Thank you
Jack

[tickle]

Can you get YOUR mother arrested!! Wouldn't your first attempt be to try and get the money back rather then see your mother in jail?

There is no SOL on fraud.

[joypulv]

Generally you sue someone in civil court when money is involved. You don't get to decide to have someone arrested; the police investigate and pass it to the DA, who decides. Whether or not this is criminal rather than civil is debatable.

I take it you don't care about what your mother might leave you in her will. If I were a mother helping out the son who is leasing the farm, I would most likely arrange some way for his debt to the corporation to be subtracted from my assets. Finding out would be far preferable to alienating your mother and brother ------- RIGHT?

[ScottGem]

This is a family run corporation, correct? Then there is no fraud involved.

Even if the utilities were paid out of corporate assets. Frankly, shame on you for even thinking of arresting a family member.

If you want to recoup the money, then work out a payment schedule with your brother.

As far as SOL is concerned, that depends on local laws.

[tickle]

OP has a lot of legal issues apparently, from other posts. Maybe he should hire a lawyer to get all the answers instead of free advice from help desk members.