Thank you for that clarification, M.
You have not told me what kind of corporation (if any) this is like I requested in my information request but that is okay, as you have told me enough to render an answer.Is this punishable as a crime?
POSSIBLY. Under Ca. Penal Code Sec 503, "Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted." She may be charged with embezzlement. One would have to file a criminal complaint
, and then it would be up to the prosecutor to decide whether or not to pursue this.
In addition, this may be enough for a civil action
. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
Here, this may be enough for: FRAUD, BREACH OF FIDUCIARY DUTY
, and UNJUST ENRICHMENT. Punitive damages
may also be asserted as well.
The civil matter may be pursued instead of the criminal matter, or, at the same time.
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