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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118672
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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We have an ex board member who is making wild and untrue accusations

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We have an ex board member who is making wild and untrue accusations about our executive director and board. She is saying that we committed tax fraud, stole money etc. All untrue - she has made these accusations before - they have been replied to and she keeps coming back with them again and again - she is now calling herself a whistle blower so she can say anything. How can we get her to stop - she is a famous writer who has gone after people with her pen before.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Actually, I am going through this with a board myself. Your recourse, since the allegations are of a criminal act, would be that the board has a right to sue her for defamation/slander/libel for making known false allegations that she knows are false and because it is an allegation of criminal conduct it would be considered defamation per se and you do not have to prove actual monetary damages in a per se case, just the damage to the reputation. Through the per se defamation case you can get an injunction prohibiting her from making any further allegations.

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Customer: replied 4 years ago.

Thank you for your prompt response - of course she will say that she didn't know it was false. Truly she is crazy and extremely bright, I did mention that she was quite a famous writer - can we and should we get an attorney to write a cease and desist letter to her? Should we get our CPA to write to her and tell her that our books were reviewed and even certified and are correct? Thank you

Thank you for your response.

They all say they did not know it was untrue, but if you show the court you did present her the correct information, just the fact that she is twisting what you have given her around to suit her purpose does not make it less defamatory.

You can get the board attorney to write her a cease and desist first before proceeding to suit for defamation. You said you already provided her the correct information, no need to have the CPA send her a letter unless you want to just add to the evidence that she knows her statements are false.
Customer: replied 4 years ago.

Thank you again, I think the CPA is an outside professional that might help convince her - unfortunately our attorney works pro bono and on a limited scope for the organization. Do you know if a D&O policy would provide an attorney that could do this?

Thank you for your reply.

If you believe the CPA will work to stop her, then you can do so and his letter will add to your case against her if she keeps it up. I am afraid the D&O usually will not cover this because no suit has been brought against the board for theft or misappropriation.
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