Legal Question in Criminal Law in California
Embezzelment
If 2 people were involved in an embezzelment crime, and 1 agrees to make payments with the bank to pay for what both parties took, can the bank go back months later and press charges on only one of the persons? what are those persons rights?
2 Answers from Attorneys
Re: Embezzelment
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Re: Embezzelment
An agreement to repay the loss would limit -- or even eliminate, depending upon its terms -- the bank's ability to bring a civil lawsuit against the person making the payments, but it would not prevent the bank from suing the other person. It would have no effect at all on any criminal prosecution, since such cases are brought by the government and not by the victim. Nothing the bank says or does can limit the government's right to prosecute.
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