• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Criminal Charges

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jbmcdiggs

Junior Member
What is the name of your state (only U.S. law)? Ohio
I am involved in a publishing LLC with two partners. We have written and published a book together. We have also published a book that was written solely by one partner. The partner contributed $4,000 out of $4,760.55 to print her book. The company paid the balance of the printing. We have a verbal agreement that she will be paid royalties of 50% of the profit (revenue after expenses is deducted) every 6 months. She has recently sold some of her books and only turned over a portion of the revenue keeping half of total revenue. Can the company bring criminal charges against this partner for stealing since the money should have flowed through the company so the company can write a check and recognize the royalties as an expense?
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? Ohio
I am involved in a publishing LLC with two partners. We have written and published a book together. We have also published a book that was written solely by one partner. The partner contributed $4,000 out of $4,760.55 to print her book. The company paid the balance of the printing. We have a verbal agreement that she will be paid royalties of 50% of the profit (revenue after expenses is deducted) every 6 months. She has recently sold some of her books and only turned over a portion of the revenue keeping half of total revenue. Can the company bring criminal charges against this partner for stealing since the money should have flowed through the company so the company can write a check and recognize the royalties as an expense?
Definately not a criminal complaint, and you cant "bring charges" on anyone.
 

jbmcdiggs

Junior Member
Definately not a criminal complaint, and you cant "bring charges" on anyone.
Wouldn't this be considered stealing since the revenue from the books belongs to all three partners and one is taking half of the revenue? Isn't this a violation of IRS regulations as the company is not properly recognizing the revenue generated from the sale of an asset?
 

Banned_Princess

Senior Member
Wouldn't this be considered stealing since the revenue from the books belongs to all three partners and one is taking half of the revenue? Isn't this a violation of IRS regulations as the company is not properly recognizing the revenue generated from the sale of an asset?
Ok, well if you think I'm wrong, go down to your local police station, and see if they will accept a criminal complaint of theft.

IRS matters aren't criminal. Their in a league of their own.
 

DStaub

Member
Even if you file charges, a prosecutor is the only one who can decide whether a particular situation merits the time and other resources that are required to pursue a criminal case. In most financial disputes between partners or shareholders, prosecutors will let the parties battle it out in a civil suit. Certainly on the facts you described, I think there is virtually NO chance that a prosecutor will step in and do your work for you. If your problem can't be resolved, you'll need to spend your own money to bring your own lawsuit.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top