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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16049
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I accepted money from a Friend of mine to Buy Golf equipment

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I accepted money from a Friend of mine to Buy Golf equipment together and I received the Money starting in Dec 2008 and we Together Purchased 100 Sets of Irons and 250 Dozen Balls . I have not Paid the Partner in this because he wants it in Cash and there will be No record for me . I recently got a Call and he Wants his money back and wants out of the Deal in which we have No contract or written Agreement . I have sold Personaly 48 Sets and none of the Balls and he has went to the Local Police and told them this and They called and said that it was Theft by Deception and it is a Serious matter . I do not understand the Product is ours and Ive paid all of the Shipping and Sent all of the Packages and he has done nothing but hold his hand out . He just wants his Money back that he Invested and said I could keep the other 52 Sets and the 250 dozen balls please explain my situation and what can I do I have done nothing wrong cant I just give him his share of his 1/2 of the sales .Scott
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Theft by deception is section 514.040 of Kentucky law, which states:

(1) A person is guilty of theft by deception when the person obtains property or services
of another
by deception with intent to deprive the person thereof. A person deceives when the person intentionally:

(a) Creates or reinforces a false impression, including false impressions as to law,
value, intention, or other state of mind;
(b) Prevents another from acquiring information which would affect judgment of
a transaction;
(c) Fails to correct a false impression which the deceiver previously created or
reinforced or which the deceiver knows to be influencing another to whom the
person stands in a fiduciary or confidential relationship;
(d) Fails to disclose a known lien, adverse claim, or other legal impediment to the
enjoyment of property which the person transfers or encumbers in
consideration for the property obtained, whether the impediment is or is not
valid or is or is not a matter of official record; or
(e) Issues or passes a check or similar sight order for the payment of money,
knowing that it will not be honored by the drawee

Your partner believes you have used his money to enrich yourself by keeping entirely to yourself the proceeds of his investment. He clearly doesn't believe your reason for not paying him, nor does he believe that you've done everything right.

In order to win at trial, a prosecutor would have to show that you took your partner's money with the intent to cheat him, and they'd have to prove this beyond a reasonable doubt. That's a very heavy burden. But in order to arrest and charge you with this crime, the state only needs a reasonable belief that a crime may have happened and that you may have committed it. That's a very low standard of proof.

The complainant says he's been defrauded. He was able to demonstrate to the satisfaction of the prosecutor that it might be true. That gives Kentucky probable cause for your arrest and prosecution. Whether it is or not true will be a question of fact for the jury.

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.
Customer: replied 5 years ago.

I do not understand the Merchandise is ours together and he is not wanting any of it now he just wants his Money back . nothing has been done in the way of a Criminal complaint he just wants his money back and leave the other Merchandise to me . That does not add up to me why would he want to get out and leave the partnership , and if so cant I pay him his part and give him his half of the remaining merchandise .

 

Expert:  Zoey_ JD replied 5 years ago.
I was under the impression that he'd pressed charges against you, and I thought your question was, "How could criminal charges get pressed?" The answer is that not much proof is needed to press charges.

However, it appears I may have misunderstood. If your partner has simply complained to the police but you have not been arrested and prosecuted, and all he wants is his half of what he paid for, yes, you can give him his half of the remaining merchandise as well as his half of the profits. But given that he went to the police, I think it would be wise to consult with a lawyer and draw up something official terminating the agreement on mutually acceptable terms to protect you down the road from any more changes of mind your partner may have.

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.
Customer: replied 5 years ago.

The last question and I will Accept . We did not have a written Agreement only a oral one and No time frame for the sale or for how much except he wanted to double his money. and I dont think anyone could gaurantee that . He wants the Initial Money he Put in and none of the Remaining Equipment and No money that has been made so far ,, and I will be Stuck with all the work as I have been and the Taxes and Ebay fees it does not seem right to me and wants me to Pay him in Cash . I will have a Lawyer type him a letter and state all of this in it is this the Proper thing to do from my point .

Scott

Expert:  Zoey_ JD replied 5 years ago.
A contract need not be written to be binding. But it sure helps to have one when the understanding between two people breaks down. All the more reason to let a lawyer draft something that would officially termnate the partnership. If need be, he can negotiate with your partner (or your partner's lawyer) to keep things fair all the way around. But what you want is to protect yourself from being arrested, so make sure and give the lawyer all of the background here, including the fact that the police contacted you.

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16049
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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