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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41220
Experience:  Run my own successful business/contract law practice.
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Customer Question

Hello
Submitted: 4 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 4 years ago.
Hello right back to you. How can I assist you? I do not see any questions posted, please advise.
Customer: replied 4 years ago.

Can he get me for fraud and can I get a portion of the LLC

Expert:  Dimitry K., Esq. replied 4 years ago.
Sylvie,

Can who get you for fraud? Can you please provide me with more facts as to this situation? I also see your last reply and the word 'hello', that is not enough for me to figure out as to what is taking place. Thank you!
Customer: replied 4 years ago.


Hello I had the right to sign on 2 business acct one month ago mu future x took me of one of the ccts then black mailed me to take money out of the other acct I have full controll of and refund him now he says he saw a corp lawer and they are going to get me for fraud can he do that since the one he took me off of I had the right to sign and the other one I was sole singner on the acct?

Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your follow-up, Sylvie.

If you removed assets from a business account without a business purpose, then there is an arguable claim for embezzlement and potential fraud that the holder of the account can pursue you for. However, if you are claiming duress and black-mail, if you have legitimate grounds for doing so (for example the claim was that if you do not give him those funds, he will provide untrue information about you to others), it is a potential defense...however up to a point. What you would have would be known as an 'affirmative defense', and with such a defense you would still have to show that what you did was not because you were acting with any intent but because you were acting as a party under control of the other party.

Good luck.

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