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Irwin Law
Irwin Law, Attorney
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Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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The ex manager of our company had us buy merchandise from company

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The ex manager of our company had us buy merchandise from company X through his cousins company (company A). He said that company A would only charge a small transaction fee to process our merchandise. He never wanted to order directly from company X saying its easier to go through company A. He was asked to be transparent by cc emails to company A and provide invoices from company X to company A but he never did so. We now learned that the "little transaction fee" is almost 40% more than it would be if we went direct with company X. Is what he did embezzlement?
I do not believe it meets the test of embezzlement as a criminal offense. (see:

However it is definitely an unethical practice. It also might be why he is the ex-manager of your company.

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Customer: replied 4 years ago.

What kind of legal action can be taken against him? If any.

Legal action by whom?
Customer: replied 4 years ago.

By our company.

The company might be able to sue him for breach of contract, if they have an employment contract that has clauses that create a fiduciary duty on his part to the company. You might also have a cause of action for common law (civil) fraud against the company. Fraud is a tort and you might be faced with a shorter statute of limitations than a contract suit.
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