Q: A former owner of a small company left a company at the request of the other owners and closed and took the money.

A: This could be criminal and is definitely civil. Consult a small business attorney licensed in your State.

A: Taking company funds without authorization can be both a criminal and civil offense, potentially constituting theft, embezzlement, or conversion depending on the specific circumstances and your state's laws. While law enforcement might be hesitant to get involved in what they view as a business dispute, you should document all attempts to contact them and keep detailed records of the unauthorized withdrawals.

Your most immediate path forward is likely through civil court, where you can file a lawsuit against the former owner for the misappropriated funds. You'll want to gather all relevant documentation, including bank statements, ownership agreements, communications about their departure, and any attempts you've made to resolve the situation. Consider filing a complaint with your state's attorney general's office as well, as they sometimes handle business-related theft cases.

Given the complexity and potential dollar amount involved, working with a business litigation attorney would be your best option. They can help determine whether to pursue this as a breach of fiduciary duty, civil theft, or another cause of action, and can guide you through the process of securing your company's assets going forward. Many attorneys offer free initial consultations where you can discuss your options and the strength of your case.