Legal Question in Criminal Law in California

Is your concern what he can do? Shouldn't you be concerned with what you should do to protect yourself? Which is not a criminal law question, its a business partnership question.

Your concern is well placed. However, it is very difficult to give you any real information without additional facts. Hopefully, I can demonstrate why by posing some questions to you that would provide the additional information necessary in order to give you any real information.

Let's do this by examining your question and incorporating the facts you have provided. First, you have stated, your current business partner was convicted of mortgage fraud in another state? Therefore I want to know: What your partner was charged with? and what they were convicted of? Was your partner convicted of a misdemeanor or a felony? In what capacity in the mortgage industry was your partner working when the crime occurred? and what did they do? I also want to know how you finally learned about it? The two most important questions are what were they convicted of and was it a misdemeanor or a felony?

Next, you provided that you have a business partnership with this person and I assume from your question that it is in the mortgage industry? In what capacity is this person working now? Does this position require a license or certification through the State? If it does, did they apply for a license or certification with the State of California and if they did were they given a license or certification?

You also stated your were concerned about the potential liability. Well, was it kept a secret from you? Should you have been aware of what happened?

Generally, if someone is convicted of a felony involving a crime of moral turpitude (fraud and theft crimes) in one state, other states will not allow that person to work in a position that carries financial fiduciary duties with it. However, other than a general answer I do not have enough information to provide you with any real information.

If you would like to contact our office and be more specific I might be able to provide you with additional information. You can contact our office through our web site at: www.brianmcginitylaw.com .

Good luck

I'm assuming that you are doing work that requires a license. So my first question is whether the license authority is aware of the conviction?