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what happens if I were to file a criminal case aagainst a business

Customer Question
partner who opened a loan...
what happens if I were to file a criminal case aagainst a business partner who opened a loan account for the business in my name but also paid it in full?

Will the judge still put him in jail since he paid it? Does he get fined? Does it become a part of his records?
Submitted: 5 years ago.Category: Business Law
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3/1/2012
Business Lawyer: Dimitry K., Esq., Attorney replied 5 years ago
Dimitry K., Esq.
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Thank you for your question.

On what charges do you wish to pursue a criminal complaint? Embezzlement?
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Customer reply replied 5 years ago

I dont know what charges I can file for, supposedly everything was paid on time so it did not hurt my credit rating. I was just wondering if he should get punished or is there a chance that the judge will even do something. I know he could also hire a criminal defense lawyer.

 

I just want to know if it is worth doing so?

Business Lawyer: Dimitry K., Esq., Attorney replied 5 years ago
Thank you for your follow-up.

Simply filing charges is not generally enough, the police or the D.A. (District Attorney) have to agree that the charges have merit and pursue them against the individual. In a criminal situation it is not you pursuing charges, it is the state pursuing charges against the individual since the violation is against state laws, not just against you personally. If charged, that does become part of his record but it only becomes viable if he is convicted, since a charge by itself can be expunged and removed from his criminal record by a petition to the courts.

It does sound like you may have a fiduciary violation on a civil basis, and a possible embezzlement charge on a criminal basis if your funds were removed without permission. Even if the funds were paid off the offense still took place (a person who steals your car and then brings it back to you with the tank full still committed theft). He will only get punished if he gets convicted, I cannot tell you based on the facts if that will take place, but in a criminal court the threshold for a conviction is "beyond a reasonable doubt" making a conviction difficult to obtain. I really do not see a downside to you for speaking about this with the D.A. and seeing if they will wish to pursue charges, it is not something that will cost you any time or money if the state would be willing to prosecute.

Good luck.
Dimitry K., Esq.
Category: Business Law
Satisfied Customers: 41,221
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