Legal Question in Business Law in Massachusetts

Hi I am partner of a trucking company in Massachusetts. I own 1/3 of the shares but I have a contracts that states I will be paid the same 50/50 money. I have recently caught him taking money by means of credit card and having his wife company bill fake invoices. I do not know what to do or if I can do anything.

Asked on 4/29/14, 12:32 pm

3 Answers from Attorneys

This is fraud and you have a right to have the books inspected and to determine the amount of money being taken by him.

If he does not comply then you have a right to sue him for misappropriating money from the company and could depending upon an audit seek criminal charges against him.

You cannot threaten to make criminal charges against him as a condition of getting your money back as that is a violation of MGL c 93A.

Having said all of this, I would suggest you contact an attorney with all the facts and figures and determine how to proceed.

Please feel free to contact me.

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Answered on 4/29/14, 12:37 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

but do not launch into this hastily. Think through the personalities involved the leverage of the parties in the possible results going forward. Does the company have an accountant? An attorney? if so you might consult with them about what is happening and perhaps seek your own independent accounting and or attorney advice.

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Answered on 4/29/14, 12:45 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

having said what I did, you do certainly have specific rights. Pursue them with free consultations if you wish to do so.

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Answered on 4/29/14, 12:48 pm

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