Fort Lee, NJ asked in Criminal Law for New Jersey

Q: Salesperson diverts revenue to his company by misleading our clients, processes credit cards to his company.

A salesperson, independent contractor (1099) has been diverting our customer sales to a company he has established for himself by misleading customers that they are dealing with us when in fact he has been charging their credit cards through his company. We have documented communications where he tells the customer that the transaction on his credit is our company when in fact it is his company.

He has used our customer database to solicit business for himself when he has signed a non compete and common law should dictate that he is to sell our goods to our customers. Which is the more serious crime here? Is it credit card fraud, theft by impersonation, embezzlement?

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1 Lawyer Answer
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Many times it's not even a criminal matter it's a civil matter for which you'll need to sue them in civil court but you can notify the prosecutor's office and see if they are willing to file charges.

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