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threat of slander suit after prosecution is initiated

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doghuggers

Junior Member
What is the name of your state?What is the name of your state? Michigan

I was the General Manager of a business where the company's accountant was found to have misappropriated money - lots of money, right into her own pocket. I was the key person involved in internal investigations, and submitting the information to the police,and the detective who then presented to the prosecutor. The County Prosecutors office is pursuing this individual for criminal felony embezzlement against the company. When the former employee and her attorney found out that she was going to be prosecuted, the attorney called my office, stating that he was going to be suing for libel/slander and "emotional distress". The case that was presented to the police and prosecutors office is the absolute truth. Statements made by myself and the owner of the company are the absolute truth. Can they rightfully do this? I feel that this is a frivoulous and vindictive maneuver, aimed at me for going to the police.
Thanks for your reply in advance,
Lisa
 


Just Blue

Senior Member
doghuggers said:
What is the name of your state?What is the name of your state? Michigan

I was the General Manager of a business where the company's accountant was found to have misappropriated money - lots of money, right into her own pocket. I was the key person involved in internal investigations, and submitting the information to the police,and the detective who then presented to the prosecutor. The County Prosecutors office is pursuing this individual for criminal felony embezzlement against the company. When the former employee and her attorney found out that she was going to be prosecuted, the attorney called my office, stating that he was going to be suing for libel/slander and "emotional distress". The case that was presented to the police and prosecutors office is the absolute truth. Statements made by myself and the owner of the company are the absolute truth. Can they rightfully do this? I feel that this is a frivoulous and vindictive maneuver, aimed at me for going to the police.
Thanks for your reply in advance,
Lisa
If this person has the 20,000.00 to sue you ....well she has the right...but that doesn't mean she will win...and you can counter-sue for attorney fees! :cool:
 

seniorjudge

Senior Member
doghuggers said:
What is the name of your state?What is the name of your state? Michigan

I was the General Manager of a business where the company's accountant was found to have misappropriated money - lots of money, right into her own pocket. I was the key person involved in internal investigations, and submitting the information to the police,and the detective who then presented to the prosecutor. The County Prosecutors office is pursuing this individual for criminal felony embezzlement against the company. When the former employee and her attorney found out that she was going to be prosecuted, the attorney called my office, stating that he was going to be suing for libel/slander and "emotional distress". The case that was presented to the police and prosecutors office is the absolute truth. Statements made by myself and the owner of the company are the absolute truth. Can they rightfully do this? I feel that this is a frivoulous and vindictive maneuver, aimed at me for going to the police.
Thanks for your reply in advance,
Lisa

When the former employee and her attorney found out that she was going to be prosecuted, the attorney called my office, stating that he was going to be suing for libel/slander and "emotional distress".


Tell that lawyer he is full of pig gristle.
 

Just Blue

Senior Member
seniorjudge said:

When the former employee and her attorney found out that she was going to be prosecuted, the attorney called my office, stating that he was going to be suing for libel/slander and "emotional distress".


Tell that lawyer he is full of pig gristle.

sj....is this an expression common in Cluny Parish?? :cool:
 

doghuggers

Junior Member
This lawyer is very aggressive. I feel that although the claim is not substantiated, he will do it anyway, to make me (if he sues me personally) and the former company's owner (which is no longer in business thanks in large part to the actions of this woman) "pay" for seeing to it that this woman gets prosecuted. As of October of this year, I now own my own business and am afraid of what it will cost me to defend such a suit, no matter how ridiculous. If he files, then I have to retain counsel and that means money out of my pocket that I do not have in abundance! With criminal charges pending against his client, how can he do this anyway? Doesn't he have to prove that the charges are untrue first? If someone is charged with a crime, how can ther person who went to the authorities be vulnerable to such civil suits? If he does file this suit, how can I get my money back for fees, etc.
I appreciate your thoughts and feedback : )
Thanks,
L
 
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justalayman

Senior Member
Where is the owner of the comapany in all of this. You are but a witness. What would you have to do with the prosecution of this case that would put you as anything but a witness.

As far as can they sue, as the line goes "just about anybody can file a suit for just about anything" is true. If there isn't any reason to be worried as to the outcome of a possible libel/slander suit I wouldn't be too concerned..
 

seniorjudge

Senior Member
doghuggers said:
This lawyer is very aggressive. I feel that although the claim is not substantiated, he will do it anyway, to make me (if he sues me personally) and the former company's owner (which is no longer in business thanks in large part to the actions of this woman) "pay" for seeing to it that this woman gets prosecuted. As of October of this year, I now own my own business and am afraid of what it will cost me to defend such a suit, no matter how ridiculous. If he files, then I have to retain counsel and that means money out of my pocket that I do not have in abundance! With criminal charges pending against his client, how can he do this anyway? Doesn't he have to prove that the charges are untrue first? If someone is charged with a crime, how can ther person who went to the authorities be vulnerable to such civil suits? If he does file this suit, how can I get my money back for fees, etc.
I appreciate your thoughts and feedback : )
Thanks,
L

Hire your own lawyer (if you get sued) and sue the bad baby's lawyer for filing a frivolous complaint and stuff.
 

doghuggers

Junior Member
Thanks to all for your reply. I have no worries about the outcome of a lible/slander suit, I'm just concerned about the financial burden of having to defend myself. The owner of the former company resides out of the state, so I was the key person involved in getting the case together for police. In response to justalayman's reply, it makes sense that I am a witness, but I'm wondering, if that changes anything? I will keep you posted if/as things develop here...thanks again for your thoughts and insight, I really appreciate it ; )
L
 

dallas702

Senior Member
First, the "lawyer" is just milking the thief for more fees/money. Both are the same.

Second, being a witness in a criminal investigation in no way creates defamation...especially if you are truthful.

Third, tell her to shove her defamation suit up her prison-bound butt.

Fourth, file a complaint with your state Bar Assn. against the "lawyer".
 

stephenk

Senior Member
you may want to inform the prosecutor that the defense attorney is attempting to stop you from testifying by threatening you with a civil suit. It's called tampering with a witness.
 

doghuggers

Junior Member
I had thought about calling the prosecutor to let him know of the threat. If this lawyer files a suit it is certainly not going to affect my testimony one bit. The facts are the facts. I'm wondering how the threat is an attempt to "tamper". I don't think I understand. Can one of you explain it to me? Thanks for your thoughts!
Thanks,
L
 

seniorjudge

Senior Member
doghuggers said:
I had thought about calling the prosecutor to let him know of the threat. If this lawyer files a suit it is certainly not going to affect my testimony one bit. The facts are the facts. I'm wondering how the threat is an attempt to "tamper". I don't think I understand. Can one of you explain it to me? Thanks for your thoughts!
Thanks,
L
I am not sure if it is technically "tampering" under the criminal statutes (since I don't know what the statute says).

But, it is certainly "tampering" in the sense that the lawyer is trying to chill your testimony.

By all means, tell the prosecutor all about it.
 

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