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My business ''partner'' stole a $5,600 check. He convinced my client to give it to him, even though I am the boss (owner of MY business) and we had all agreed that the checks were coming to me.
He already owed me $2,200 from previous work I did for him, plus he used my copyrighted material for over a year (I never got paid for this).
The check he took off with is my clients' marketing budget. He spent it all on clothes and a vacation. I found myself having to work for FREE for two and a half months until the next check came.
Most of the project essentially came to a halt because I couldn't make the necessary investments to keep things moving. I did however spend $400 to keep things afloat. He didn't pay me for these out-of-pocket expenses.
I found myself having to work several extra weeks to compensensate as best I could. I never got paid for this.
My partner lied to my client and abused my trust by taking off with the money. I did 95% of all the work. He screwed everything up on his end, stole copyrighted material from another entrepreneur and tried to pass it on verbatim to my client, did horrendous work and promised my client things he never ended up doing.
I didn't receive my last $5,600 check that was due last March, and the one that I would have gotten in May. I am probably going to lose this 28K a year client. Things would have continued if it wasn't for this persons antics. 11K lost, plus the additional money I spend, the 2,2K he owes me, and the incredible amount of time I took to try to make things work amidst the storms (I didn't have the time to get other clients.)
Things happened so fast that we don't have a signed agreement. Beforehand he suggested he would help me close clients and work on publicity and press releases.
After the deal was signed with the client, he surprised me with demands to be paid top dollar for doing additional stuff - things he had never done before (and that is my expertise.)
He wasn't even able to write a press release on his own (something he swore he was excellent at.) I also was the one who closed the client. (Did 95% of the work.) He barely did anything apart from drink wine and listen. He asked for 25% of all the profits because he believes he closed the client. I refused to pay him.
I have a lot of proof of all this. I recorded him confessing that he did take off with the check, that he agreed that I was the boss, that he doesn't have the knowledge to be a marketing consultant (thereby contradicting what he told me before I accepted to work with him) and other things that he will have a hard time talking himself out of in court. I have the dates and times, etc.
With the loads of proof I have, will it be relatively easy to win in civil court, and get him convicted in criminal court?
Could this be considered embezzlement? What can the consequences of his actions be? Should I call the police to file a report? With the loads of proof I have, will it be relatively easy to win in civil court, and get him convicted in criminal court?
I will record him over the phone one or two more times before taking action. What verbal traps should I set up for him?
How would you handle this?
Thanks for your help! It means a lot.
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