Question for New York Lawyers?

I am the Controller for a construction company in New York. We are currently working for a customer, who is accepting money on our behalf as a general contractor, and then juggles the money until larger payments come in, but they are always behind. We are doing business with them for the first and definitely the last time. So we are trying to do the best we can to get the remaining money they owe us as fast as possible. They are juggling money and dodging our phone calls and not paying us when we know they’ve been paid, because the owner of the business is utilizing company deposits to fund the construction of a $5 million house on some golf course. We would like to go to the local DA and report this as being criminal embezzlement. So my question is, is that criminal embezzlement, or is it simply a civil matter, and if it is criminal embezzlement, what law/code describes it as such?

You can go to the District Attorney about ” anything” and they decide if it is a crime. You are not expected to know everything in the NYS Penal Code (the criminal law code) in order to report what you believe to be criminal activity. Tell people who are sending the customer to stop and to put it in an escrow account until a determination can be made if anything illegal is taking place. If your firm can afford it, hire outside counsel, a business law attorney to take over this mess. A comptroller is not supposed to be the one to figure out how to solve this all on his or her own because of the unique facts involved. You are entitled to assistance from experienced professionals in complex cases like this. Most lawyers give free consultations. I also tell people to get as many free consultations as you can, because the more you get pretty sure you figure out all you need to know.

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