Legal Question in Criminal Law in Michigan

Re: Embezzelment?

The crime of embezzlement consists of the following elements: The defendant occupied or acted in a fiduciary relationship covered by the statute; by virtue of the relationship the property or money embezzled came into the defendant's possession of control; and the defendant wrongfully converted or appropriated the property or money with the intent to defraud, without the consent of the principal. It sounds as if you have satisfied all of the elements with the possible exception of the fiduciary relationship, considering your relationship with this man wasn't really one of fiduciary/beneficiary, but instead an arm's length business deal. If we were to consider this guy's alleged malfeasance a crime it is arguably some sort of larceny offense such as larceny by trick or fraud. Prosecutors have a broad discretion in determining how they are going to proceed with any given criminal offense so I can't really say whether or not any given prosecutor will pursue him criminally. The broader question you should ask yourself, however, is don't you want your money back? I can guarantee you won't get it if you have this guy chucked in the local jail. You should consider some form of civil action against the guy, such as breach of contract your conversion and try to get him to cough up the cash he owes you.