QUESTION

Is this embezzlement?

Asked on Mar 13th, 2012 on Business Law - New York
More details to this question:
I am the 100% share holder of an S corporation. My husband is the president and runs the company. I''m really just a figurehead although I do draw a salary He is the only person that signs checks. He has been having an affair with his secretary. He has been paying her bills, loaning her money all out of the company''s money. The girlfriend had a company credit card and charged many thousands of dollars of personal items. Although I have requested credit card statements, bank records he has not provided them. Is this embezzlement or bad judgement. Thank you
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2 ANSWERS

Corporate Law Attorney serving Boca Raton, FL at Gracin & Marlow, LLP
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I agree with Hilary. I don't view it as embezzlement but rathe waste...
Answered on Mar 14th, 2012 at 12:09 PM

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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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You can't embezzle from your own company, and it sounds as if this is really your husband's business and he unilaterally decides how its money will be spent. In matrimonial terms, this is marital "waste," and you shoull discuss it with a family-law attorney.
Answered on Mar 13th, 2012 at 3:54 PM

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