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I have worked for a company the past 10-1/2 years. This past…

I have worked for...

I have worked for a company the past 10-1/2 years. This past May, the company President died and left his wife and CPA as the trustees to his will. Since the President died the CPA has been trying to sell the company. Two individuals have shown interest in buying it but something does not seem right. The purchase agreement stated a $50K deposit, they gave $45K and then the CPA told me to give them online access to our bank accounts with my username and password ***** since that time they have been taking the money out in the amount of $1,199 per day.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

West Virginia

Lawyer's Assistant: What steps have you taken so far?

None I am scared

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is pretty much it

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Answered in 7 minutes by:
7/12/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 1,403
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. Though I certainly cannot know for sure, this sounds incredibly suspect. I would consider changing the online access username and/or password, contacting the CPA and informing that individual of the issue. Do as much as you can in writing/email and make sure to keep copies. Then you may want to contact the deceased President's wife, if you have any kind of relationship - business or friends - with her. If the CPA states you are to give them access again, to protect yourself, you may want to state that you are uncomfortable doing so and that he or the wife should provide that access. I am not sure what your position is with the company, but simply because the wife and CPA are trustees to some trust doesn't necessarily (depending on the terms of the trust and whether the trust includes as one of its assets the business) give them control of the company. If there continue to be issues, you may also suggest to the CPA that an attorney be hired for the company to oversee any sales and/or you may want to consult with a local attorney about whether the issue should be addressed by the probate court.

At this point, you may not be able to stop the wife and/or CPA from taking actions - intentional or unintentional - that harm the business or allow these possible buyers to take funds, but you do want to remove any connection between their access and you such that you are not later blamed for their taking of funds at some point in the future.

I hope this information is helpful. If you need additional assistance, feel free to reply to this message. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 1 month ago
I am the Controller of the Business. The CPA ordered me to give them my username and password ***** security token so that they could have funding companies go in and research (and whatever else) the bank accounts. This is appearing to me as a fraud scheme with the CPA (trustee) involved.

I agree; it is totally normal, after confidentiality agreements are signed, to give potential purchasers access to bank accounts (though usually just statements not actual access) for them to conduct due diligence prior to the sale. But there is no reason for a potential buyer to be pulling money out of the company. If you think the wife may not know, telling her may be a good first step. If you think she is somehow in on it, you may need to find an attorney to file for an injunction so it can be investigated. As Controller, you have a duty and an interest to do so.

Attorney Wendy
Category: Legal
Satisfied Customers: 1,403
Experience: Member at Keefer & Keefer LLC
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