Legal Question in Business Law in California

Possible embesselment,

If you suspect an employee is taking money from the compay,(over many years) who can you report this to? The owners are third generation grandchildren, and very nieve. There are 4 owners, two dont seam concerned, the other two dont know what to do. I had worked for this company for 30 years, and would like to help if possible.

Thank you.


Asked on 9/04/10, 10:05 pm

4 Answers from Attorneys

I'd start with having the company's accountant do an audit looking for embezzlement. If they find it, call the police.

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Answered on 9/09/10, 10:12 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Send the suspected culprit on a two-week vacation or to an overseas convention, then have the books audited in his absence. CPAs are trained to look for money leaks, including embezzlement. Give the auditor as much of a head start as possible before the suspect knows there is an audit under way, so he or she won't have an opportunity to do additional cover-up.

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Answered on 9/10/10, 7:37 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

I would start by giving the owners a confidential memo stating in writing what you suspect and why, and suggesting that an audit be performed. Give as much detail as possible. Unless you are an officer of the company with authority to act in this area, and even if you are, it is ultimately up to the owners to decide what to do. You should also look into whether they have any insurance that would cover this type of loss.

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Answered on 9/10/10, 2:28 pm
Terry A. Nelson Nelson & Lawless

If the owners don't care enough to file criminal or civil charges, there is nothing you can do without their authority. Prepare a thorough report to all owners with request for audit and suggest filing charges if embezzlement is shown.

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Answered on 9/13/10, 2:41 pm


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