Posted: 3/8/2010 8:11:33 PM EDT
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I don't think that I have to tell everyone here what a shitty state we live in, but I have to vent. Putting this in the GD would just bring out the trolls. About thirty years ago my father got into business with two other men and two of the three were good businessmen that wanted to see the company grow and become successful. The last is a fucking, cock sucking, dip ship, mother fucker that doesn't deserve to share the same earth as the rest of us. My father and the other man have since died, and my mother took over my father’s shares of the business and has been involved for more than ten years. The other partner’s wife sold her shares back to the company, and it is now a 50/50 business.
The crux of the matter. The surviving partner started a plastics company and bought plastics for the company for about the past five years of so started selling plastics to company at a thirty percent mark up. He had no other customers, but the company that he shares with my mom. He has also now got involved in diverting business to another company that he created with the company manager. He has never discus any of these other ventures at any shareholders meeting, or otherwise. We also have proof where he has doctored invoceses and diverted about ten thousand dollars to himself. This is all bullshit! How can someone divert money to them and not be illegal? Well it is. We put together a good package for the Los Angeles County District Attorney’s Office that showed what was going on. A banker’s box full of organized invoices and other paper work. They spent less than two friggen days on it and said it was cool. No further action. Nobody was questioned. Nothing. I know it is hard to describe what is happening here, but these two fuckers are robbing the company blind, and it is ok with the county of Los Angeles........ |
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Quoted:
I don't think that I have to tell everyone here what a shitty state we live in, but I have to vent. Putting this in the GD would just bring out the trolls. About thirty years ago my father got into business with two other men and two of the three were good businessmen that wanted to see the company grow and become successful. The last is a fucking, cock sucking, dip ship, mother fucker that doesn't deserve to share the same earth as the rest of us. My father and the other man have since died, and my mother took over my father’s shares of the business and has been involved for more than ten years. The other partner’s wife sold her shares back to the company, and it is now a 50/50 business. The crux of the matter. The surviving partner started a plastics company and bought plastics for the company for about the past five years of so started selling plastics to company at a thirty percent mark up. He had no other customers, but the company that he shares with my mom. He has also now got involved in diverting business to another company that he created with the company manager. He has never discus any of these other ventures at any shareholders meeting, or otherwise. We also have proof where he has doctored invoceses and diverted about ten thousand dollars to himself. This is all bullshit! How can someone divert money to them and not be illegal? Well it is. We put together a good package for the Los Angeles County District Attorney’s Office that showed what was going on. A banker’s box full of organized invoices and other paper work. They spent less than two friggen days on it and said it was cool. No further action. Nobody was questioned. Nothing. I know it is hard to describe what is happening here, but these two fuckers are robbing the company blind, and it is ok with the county of Los Angeles........ Wooah!!! District Attorney's office? This is a CIVIL matter! Holy cow batman. Your hero here violated his fiduciary duty to look after the best interests of the company he and your mom run! Retain legal counsel quick! Starting a second company and doing business with the first company in the manner that he did is a case study in business law. The attorney is going to love this one! Again, the DA is for criminal prosecutions, this is a civil matter. |
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We are suing him. Just today we had a forensics analyst come in to copy a hard drive off one of the computers. I do understand that this is a civil matter, and we are perusing it. I just have a hard time understanding how this is not covered under penal code 506. He is entrusted to operate the business to the best of his ability, and he did convert payment for invoices to himself. He has denied this activity, and he has taken a willful and deliberate effort to conceal this activity, and the DA's office will not spend any time on it. I am only scraping the surface of the whole operation that he is involved in, and nobody seems to care.
I am confident that he will lose the civil issue, but spying on my mother’s phone conversations, and intimidating her, while he steels is bullshit. The personal loans that he takes and never discloses them are bullshit. People v. Talbot, 28 P.2d 1057 (Cal.1934) was prosecuted, and has very similar circumstances’. I feel that law enforcement has a duty to investigate alleged crimes diligently, and in this case it is easier to just relegate it to civil. There are more facts in this case that I will not disclose on the net, but I assure you there was a willful intent to permanently deprive the corporation by this man. |
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Elcunning I'm no lawyer but consult with a lawyer that specializes in imbezelment and fraud cases. The burden of proof unfortunately falls on you and your mom. Sorry to hear about you and your mom's predicament. The best advice I recieved regarding running your own business is from my god father. He told me the worst enemy you can have is a business partner. Even your own relative can become one. He's been in business close to 30 years now. Good luck. |
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I hate that SOP, pass the buck statement..."It's a civil matter,". Reason number 38 why I left LE land.
Fraud, embezzlement and conspiracy are still crimes, even in Kalifornia. Since you have a lazy prosecutor, I do suggest you slam the wrong-doer in civil court. You better have your ducks in a row though, or you'll lose. If you have a civil judgment in hand, you'll probably have admissible evidence for a criminal case...get the drift? No matter what, it will take time. |
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Sounds to me as though you need an accountant and an attorney, not police. For sure, you are not yet ready to go to the police. You, personally, will probably never be ready to go to the police. Let your attorney handle that.
P.S. - If this is such a burning, and possibly criminal matter, why the heck are you posting this on a public bulletin board? You now need that attorney more than ever. You should be sure he knows you made these posts, too. |
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It's a Law Enforcement problem because you took a civil matter to a criminal prosecutor, and were surprised to not have them prosecute on your behalf?
You need to hire an attorney to have this done properly - not blame someone else for you trying to get the wrong parties involved. |
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Ok, I think I need to clarify some points here. This issue IS in a civil court right now. We DO have an attorney. He is very affective. He feels LE will not take the time on this, and he is right. The point is that the local PD does not seem to get want to get involved. I got frustrated with them saying "it's HIS business", and he can do what he wants. BS. This is a corporation with more than one owner. After repeating the same points and getting a confused look in return, I decided unilaterally to prepare the evidence and present it to the DA. Than we filed the civil case.
Key points. He started his first embezzlement scheme sometime after 2001. It was discovered after January 08. He uses PO boxes to conceal that he is operating the skim operations. He created false invoices and submitted them to legitimate customers directing the payments to another bank account that he has sole control over. He has denied the existence of the skim companies when he was confronted with them in a corporate meeting. He has begun a covert surveillance operation by hiding pinhole cameras, and installing surveillance equipment on the phone lines. (Obviously not very effectively, but has now denied on an interrogatory) Everything that I have described is supported by copious amounts of evidence. If only one law enforcement officer would simply spend five minutes talking to him the scam would be obvious. He is now lying about any involvement in said skim operations, but does not know what awaits him when discovery is turned over to his attorneys. As for discussing the case on the net, I would be fascinated as to how one could determine what case this is amongst all the other torts that are being litigated now. And even if was determined, I have not revealed any fact, but the circumstances that surround them. If anyone is interested in following this case, I can post updates, but I will be somewhat vague. |
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Quoted:
Ok, I think I need to clarify some points here. This issue IS in a civil court right now. We DO have an attorney. He is very affective. He feels LE will not take the time on this, and he is right. The point is that the local PD does not seem to get want to get involved. I got frustrated with them saying "it's HIS business", and he can do what he wants. BS. This is a corporation with more than one owner. After repeating the same points and getting a confused look in return, I decided unilaterally to prepare the evidence and present it to the DA. Than we filed the civil case. Key points. He started his first embezzlement scheme sometime after 2001. It was discovered after January 08. He uses PO boxes to conceal that he is operating the skim operations. He created false invoices and submitted them to legitimate customers directing the payments to another bank account that he has sole control over. He has denied the existence of the skim companies when he was confronted with them in a corporate meeting. He has begun a covert surveillance operation by hiding pinhole cameras, and installing surveillance equipment on the phone lines. (Obviously not very effectively, but has now denied on an interrogatory) Everything that I have described is supported by copious amounts of evidence. If only one law enforcement officer would simply spend five minutes talking to him the scam would be obvious. He is now lying about any involvement in said skim operations, but does not know what awaits him when discovery is turned over to his attorneys. As for discussing the case on the net, I would be fascinated as to how one could determine what case this is amongst all the other torts that are being litigated now. And even if was determined, I have not revealed any fact, but the circumstances that surround them. If anyone is interested in following this case, I can post updates, but I will be somewhat vague. wait, so your attorney for the matter said it was a civil issue, advised you not to bother the police with it, but you did? Then, when they didn't do anything, you went to the DA, who probably has real criminals to deal with, bugged them with it, and you are pissed because they told you it was a civil matter? Just like the LEO's? just like your lawyer? Fuck him in civil court, leave the police alone to deal with real criminals (and harass me about 30rnd mags). LISTEN TO YOUR LAWYER, when he tells you not to do something, for fucks sake listen to him. |
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I do listen to the lawyer. I also know right from wrong. I notice I shouldn't BOTHER the DA with REAL criminals, and since this is a civil matter I will go to work tomorrow and create a vendor, than I will take the orders and fax them to my house, and when I get home I will contact a real supplier and order the exact same product. I will have the real vendor ship the product to my employer and have them send me the invoice. When I get the invoice I will add thirty percent to the invoice and send to my job. When I process the invoice I will approve it for AP to remit payment. They will send it to the PO Box I have on the envelope and if I am ever asked about it, I will tell them I have no idea what you are talking about. Cool I guess. I am sure that I cannot be prosecuted for embezzlement because the local police and the DA will see this as a civil matter.
For the record I am not "pissed" at any law enforcement entity. I am disappointed. I am very disheartened because I see no provision in the penal code that allows such action in a corporation. If it was his business, as in a sole propriorship than it is no issue, but this is not the case here. These are real criminals. Again I will not describe all the unsavory things that have occurred, and at some point this will come out, but I assure you they are criminals. I fail to see how creating invoices on a home computer (willful deliberate act) and send them to the company with an artificially inflated price that benefits no other person but yourself, (permanently deprive) and when confronted on it deny the activity (overt act to conceal). I cited case law where the same activity was prosecuted. I provided them with more than enough evidence to open an investigation, but not one person was questioned about it. Within 48 hours it was shelved. There is a culture of corruption that is being allowed in this country, and I don't intend on just letting it go. I hope none of you have to deal with this issue in your lives, but since it is admissible in the eyes of law enforcement I am sure it will continue. Just to reiterate the point, this is not an LE bashing thread. Every person on the LE side has been professional in their demeanor. They just seem to go with the easy way out. Pass it on. I am disappointed. |
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Just to reiterate, you have no legitimate basis for feeling disappointed.
If you are in court on a civil matter you shaopuld not be posting on this or any other forum. You should tell your lawyer about this thread. He may want you to retract the posts until after the litigation is complete. |
| I am no attorney, and I don't know all the facts. What I do know is there are plenty of privately owned companies whose owners own other companies and they all do business with each other. It boils down to tax strategies. Someone malkes plastics under Company B and sells them to company A for a huge markup. It is basically all "pocket to pocket". I am not sure you can call that previous example embezlement since it is pocket to pocket. Now it sounds like he may be breaking some tax laws if he is taking money personally and not classifying it as either "salary to officer" or a K-1 distribution in which case it would be deducted from his capital account. Now the other thing I don't know is what protections are afforded your mom since she owns 50%.... |