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What is the best way to find out if sale proceeds from real…

What is the best way...
What is the best way to find out if sale proceeds from real estate property owned by a non- profit corporation were diverted to a private individual for personal use?
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Answered in 5 minutes by:
9/26/2017
legalgems
legalgems, attorney
Category: CA Real Estate
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Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

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What state is this in regards ***** *****; is there a pending lawsuit?

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In case you return when I am offline I will provide some information and will check back if you post any follow up.

Basically if there is litigation involving the company, a party can conduct discovery, such as depositions, interrogatories, and request for production of documents (ie deeds) that are relevant to the underlying dispute.

If there is no pending lawsuit, other than public filings as to disclosures, a private individual would not have access to that information.

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Please also see:

http://grantspace.org/tools/knowledge-base/Nonprofit-Management/Accountability/charity-fraud

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Customer reply replied 4 months ago
The state is California. If there is no pending lawsuit can one hire a private investigator to conduct the investigation? We need to uncover the evidence before bringing a lawsuit.

Yes, there is no prohibition about hiring a private investigator.

Most charities have internal checks but that is not available to an outsider (please see:http://ag.ca.gov/charities/publications/guide_for_charities.pdf)

It will be difficult to prove unless there are obvious issues such as:

1. public releases indicating what the proceeds were used for

2. an obvious increase in the suspected individual's standard of living or excessive purchases

The private investigator won't have access to tax returns or bank statements and that would be the easiest way to verify; they will have access to recent land transactions (public record) and that may be an indication.

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Customer reply replied 4 months ago
We do plan to file a lawsuit. In that case, would we subpoena the files from the escrow company? Or if there was no escrow, can we subpoena both the buyer and sellers tax and bank statements?
Customer reply replied 4 months ago
The internal controls were hijacked by the person we believed personally profited. This person circumvented the board of directors by not including them in the process.

Yes, third parties can be supboenaed. Anyone with relevant information may be subpoenaed (ie the non profit, the person suspected, the escrow company). One may send interrogatories asking specific questions; one may also subpoena financial records from the parties or from financial institutions.

So long as the requested information is relevant to the lawsuit, the courts are liberal on who/what may be involved in the discovery process.

legalgems
legalgems, attorney
Category: CA Real Estate
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Customer reply replied 4 months ago
Thanks so much for a great and detailed response!
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legalgems
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