Elk Grove Village, IL asked in Criminal Law and Employment Law for Wisconsin

Q: Can a civil suit for intentional tort with an employer turn criminal based on the dollar amount (fraud)?

civil suit is between employer and employee...employee stole money and the employer was granted full judgement of over $94K

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1 Lawyer Answer

Stephen Pleck Johnson

Answered
  • Criminal Law Lawyer
  • Sturgeon Bay, WI
  • Licensed in Wisconsin

A: I can only answer for Wisconsin. Theft is a crime and the amount affects whether it is a misdemeanor or a felony. The answer is yes as the state District Attorney is not a party to the civil suit and can file a Criminal Complaint. The Civil Judgment does not by itself block a criminal prosecution. This is a general answer based on very limited information. It could change based on additional data.

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