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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 31699
Experience:  JD, BBA Over 25 years legal and business experience.
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I am getting a divorce, and in the course of discovery--found

Customer Question

I am getting a divorce, and in the course of discovery--found out my husband has been committing fraud or embezzling from his company. He had the funds in his own personal account. I was not complicit in it at all. I was told by my attorney if I comply with his companys request for documentation, or report it---I can be sued for defamation of character. I know he is under investigation from his company for other reasons currently. There is also over $40,000 of undisclosed income from the IRS. Is it defamation of character if true? Please advise.
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

You are sure that it is a claim of defamation your attorney is concerned about if you report fraud/embezzlement by your husband to the company?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

Hello Tina:


 


I just left my attorney's office. He stated that my soon to be exhusband will be able to sue me for defamation of character. He did state, I will still receive my child support even if he loses his job, because he would lose his job due to his own actions.


 


I found out he had another personal bank account, stated only for expense checks/reimbursement from his company. He has been hiding joint marital assets (bonus checks, etc) and there were many large $1,000 a month cash deposits, and on-line deposits. In discovery he admitted to selling company merchandise on-line for profit. A fellow associate reported him to his employer, and the employer contacted me for information.


 


My attorney told me, my husband can sue me for defamation of character and I will have to pay my husband monthly support. This does not sound correct. Why I wanted a second opinion.

Expert:  Tina replied 1 year ago.
I see. Thank you for the additional information, Amy.

If the information you are providing is true, that is typically an absolute defense against defamation, which defeats such a claim. So if you provide documents and statements which you can support as true, then there would typically not be a reasonable risk that he could obtain a judgment against you for damages based on defamation.

He could certainly try to make your life more difficult through the divorce proceedings, but liability for defamation does not appear to be a real risk to me at all under these circumstances.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Legal
Satisfied Customers: 31699
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

So, if I comply with their request and provide the documentation, I am safe? I have definite proof, from deposition statement, to bank account statements with the transactions and deposits posted.


 


Everything is unfortunately the truth, and all facts can be substantiated.


 


Divorce is set and on record. And I am not complicit in the fraud, and it has been eating at me for the past two months.


 


Thank you for you professional advice. And for confirmation I cannot be sued for defamation of character.

Expert:  Tina replied 1 year ago.
Hello again, Amy.

One of the elements of defamation is that the statements made must be false. If your spouse cannot prove the statements you make are false, he would typically lose such a claim. Here is a link which sets out the elements of such a claim:

http://kellywarnerlaw.com/connecticut-defamation-laws/

You would typically be able to defeat a claim of defamation if you can prove the statements are true, yes.

I hope this helps clarify the situation for you and puts your mind at ease. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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