Managment Stealing Money!!!

[Jetter2]

My family owns a small used car lot. I, my mother, and my brother are all 15% owners. My father owns the rest.

My mother has been stealing money from the dealership, paying off her shopping cards and taking cash down payments and not keeping books. We know she is cooking the books, and not representing the interests of the investors.

Two months ago, mom was starting to divorce dad, but he brought up all the matters in court that she was stealing money, etc. After realizing that she would loose EVERYTHING, she dropped the case, and has decided to reconcile.

Dad and I still want to remove mom from management, but if dad takes the case to court, he knows she will divorce him and he doesn’t want to throw away his 30 year marriage.

Dad has since, upon my request, turned over all of documents, and other information to me proving that mom has been stealing money and embezzling the LLC's money. As 15% owner, do I have enough legal grounds to take my mom to court, and get her removed from management? All that we want is to get her removed from a management position, so that she no longer has the ability to use any more of the dealership's assets or money.

 

[divgradcurl]

My family owns a small used car lot. I, my mother, and my brother are all 15% owners. My father owns the rest.

My mother has been stealing money from the dealership, paying off her shopping cards and taking cash down payments and not keeping books. We know she is cooking the books, and not representing the interests of the investors.

Two months ago, mom was starting to divorce dad, but he brought up all the matters in court that she was stealing money, etc. After realizing that she would loose EVERYTHING, she dropped the case, and has decided to reconcile.

Dad and I still want to remove mom from management, but if dad takes the case to court, he knows she will divorce him and he doesn’t want to throw away his 30 year marriage.

Dad has since, upon my request, turned over all of documents, and other information to me proving that mom has been stealing money and embezzling the LLC's money. As 15% owner, do I have enough legal grounds to take my mom to court, and get her removed from management? All that we want is to get her removed from a management position, so that she no longer has the ability to use any more of the dealership's assets or money.

It will depend on the exact nature of how the business is set up, but you may be able to sue either as a shareholder, or you may be able to file a "derivative" suit, basically file suit as a shareholder on behalf of the company. You will want to discuss this matter with a local attorney, who can review all of the relevant facts (including what sort of business organization you have and its structure) and advise you accordingly. If you have a lawyer that already represents the company, you could talk with that person, but in such a closely-held situation, there may be conflicting loyalties, and it's almost always better to find an outside lawyer to discuss matters with.