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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10238
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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If a spouse keeps all the books and gives an allowance to

Customer Question

If a spouse keeps all the books and gives an allowance to the other of $150 a week a "owners draw" BUT WRITES THE CHECKS FOR $350-400 EACH AND POCKETS THE REST TO THE TUNE OF $9000/YEAR, CAN SHE BE CHARGED WITH EMBEZZLEMENT?
JA: What state are you in? And have you consulted a local attorney?
Customer: mONTANA
JA: Has anything been officially filed? If so, what?
Customer: nO, IT WAS DISCOVERED DURING DIVORCE DOCUMENTATION (DIVORCE STILL ONGOING) sHE DOESN'T KNOW IT WAS DISCOVERED.
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO
Submitted: 2 months ago.
Category: Business Law
Expert:  CalAttorney2 replied 2 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 2 months ago.

Based on what you have posted, it would appear that a claim for embezzlement would be appropriate here.

I would strongly recommend working with an attorney to discuss this claim in conjunction with the divorce proceeding as the strategy decision to involve law enforcement or not is going to greatly influence the outcome of your divorce as well. (This is something that a local attorney is going to have to help you with - we can give you "general information" - such as telling you that based on what you have posted, there appears to be an embezzlement claim - but we cannot advise you on the strategy of employing this information, only a local attorney can do this because it requires an analysis of all of the facts of your case in full).

Customer: replied 2 months ago.

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