How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask RGMacEsq Your Own Question

RGMacEsq
RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 11213
Experience:  Licensed Texas General Practice Attorney
Type Your Business Law Question Here...
RGMacEsq is online now
A new question is answered every 9 seconds

What is the statute of limitations for misappropriation of funds? Peak Building had an em

Resolved Question:

What is the statute of limitations for misappropriation of funds? Peak Building had an employee who used the business credit card for personal use without the knowledge of Peak Building The employee gave the card to her brother in law who subsequently had 10,000.00 wired into his personal account. He then continued to max the card out to it's $25,000.00 limit. The card was issued in the state of North Carolina.
Submitted: 1 year ago.
Category: Business Law
Expert:  RGMacEsq replied 1 year ago.

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

Misappropriation of funds / embezzlement / etc... are all wrapped up into "theft" charges, and in North Carolina, there is no statute of limitation on felony theft. North Carolina does not have any statutes of limitations for felony cases.There is therefore no limitation on when a person can be charged for criminal embezzlement. For civil embezzlement, however, the statute of limitation depends on how the plaintiff classifies his injury. Embezzlement will likely fall under fraud or injury to personal property; both of these causes of action must be brought within three years of the injury.

Customer:

So could we technically consider this criminal embezzlement? Or at least try?

RGMacEsq :

Yes. It's theft, at least, and at that sum would be felonious.

Customer:

Great! How do I proceed?

RGMacEsq :

For a crime, you would need to contact the police in the area where the crime occurred. Only the police / prosecutor in the area has the ability to file criminal charges (although you can "press" charges, which merely means that you indicate a desire that they file charges and prosecute).

Customer:

So would charges be brought against both the Peak Building employee as well as the brother in law?

RGMacEsq :

If the Peak Building employee knew that the use was unauthorized and done with the intent to defraud the company, then that employee could be prosecuted as well as the brother in law.

Customer:

Yes she knew. The brother in law began trying to pay off the card and even went as far as calling the credit card company and saying he was accounts payable for Peak Building. He then had the credit card mailing address changed to his home address. This would be intent to defraud the company, correct?

RGMacEsq :

It certainly seems that this would be the case for the brother in law, and if the employee knew and joined in, then that would also be intent on her part.

Customer:

So how much information do I need to present to the North Carolina police department to begin this process?

RGMacEsq :

Enough to give them probable cause (more likely than not) that a crime was committed.

Customer:

Um, would the timeline of the credit card and statements suffice?

RGMacEsq :

It could.

RGMacEsq :

Ultimately that's up to the police to determine whether or not to pursue the case in the first place.

Customer:

Especially the $10,000.00 he had wired into his personal account?

RGMacEsq :

But a statement that this was unauthorized and they did not let you know about it, etc... would also help.

Customer:

Got it! Thanks for your help. Have a great day.

RGMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 11213
Experience: Licensed Texas General Practice Attorney
RGMacEsq and other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA