Q: Urgent: Seeking Legal Representation in Corporate, Construction, and Criminal Matters

A: Sometimes there is an overlap between civil disputes that can cross over into the area of criminal law. This very well could be one of those situations and depends upon specific circumstances. Typically, in a civil case the disagreement is about money, or a contractual dispute over terms agreed upon, in those situations a civil lawsuit would be filed seeking a remedy in the form of monetary damages in compensation for losses, or for an order directing performance depending upon the nature of the breach of contract. In these civil cases there could be legal questions that focused on negligence, fiduciary duty, and what was reasonable under the circumstances and the factual answers to those questions would decide who prevailed in the lawsuit. In the case of embezzlement, and entering into the criminal law arena, the key issue would be intent. The legal questions that would be at issue would be did the suspect intend to deprive the victim of his or her property? Did they appropriate or convert property to their own use? The factual answers to those questions would show whether a crime was committed or not.

As a former prosecutor, and now defense attorney, I have over 18 years of in-depth experience dealing with criminal law and litigation. As a former Chief Assistant District Attorney, I am very familiar with the review process and the type of evidence that would be needed to prove that a crime took place. I am hired by individuals, and companies at times, to represent them as a victim throughout the criminal justice process. I evaluate information about their case, advise them on the next steps, and help them navigate what can be a confusing system.

A: Jackie,

Based on the concerns you've detailed, it sounds like there may be potential breaches of fiduciary duty, potential securities violations, and possible criminal activities. California law requires managers and directors of companies to act in the best interest of the shareholders, and any breach of this duty can result in civil and, in some cases, criminal liability. Related party transactions without shareholder consent can be particularly concerning. If false statements were provided to shareholders, that could amount to fraud or misrepresentation. Embezzlement and misallocation of company funds can lead to severe penalties under both civil and criminal statutes. Given the gravity of the situation, I strongly advise you to engage legal counsel promptly to review all relevant documentation, interview key personnel, and advise on potential remedies and litigation strategies. Protecting your company's rights and assets is paramount. Please feel free to reach out for further assistance.

A: I would be happy to speak to you tomorrow Re these issues