Specialty Areas: Preventing Prosecution: Alleged Embezzlement and Mail Fraud

Alleged Embezzlement and Mail Fraud

Our client was a very successful commercial real estate broker. He had a career-long relationship with a national retail store chain in which he helped the chain obtain desireable store locations and dispose of locations that were not profitable on the most favorable possible terms. Our client’s principal contact was an executive in the real estate department of the retail store chain who turned out to be a criminal. Through an elaborate scheme involving forgery of store leases, the executive caused our client to be paid his brokerage fees with fraudulent checks that diverted part of the rent money due to the retailer. The government indicted and convicted the chain store executive. The chain store executive maintained that our client did not know about his criminal activity, including the fraudulent means he had used to cause our client to be paid. Our client was sued by the retail chain, which complicated the task of preventing our client from being indicted. We presented evidence to the prosecutor that our client earned all of the money that he was paid. The government decided not to prosecute our client.

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