HOUSTON BUSINESS LITIGATION ATTORNEYS

Corporate Theft and Embezzlement

One of the greatest source of loss of revenue for many businesses are employee thefts. Employee thefts and embezzlements are difficult to detect. Often times, executives and managers are extremely busy and do not have the time to put forth the effort in detecting employee thefts. Employee thefts are often detected through incidental procedures, such as an inventory check, or through careful investigation after some sort of triggering event. When these incidents happen, there are a few options in which a business can do to re-coup its losses. The first and obvious thing to do is to contact the police and prosecute the employee for the theft. However, that option might be unpractical. If the alleged employees were found guilty and he or she is incarcerated, the ability for that person to indemnifying your loss (restitution) is very slim. A more practical way would be to prosecute the employee for theft and embezzlement under the Theft Liability Act in a civil court. Please contact the Houston Corporate Theft Attorneys and the Houston Business Embezzlement Prosecuting Lawyers at PHAM & CLOVES, PLLC for assistance.

The Theft Liability Act

The Theft Liability Act (TLA) was enacted in 1989 with the support of the Texas Retailers Association in combatting against retail thefts (shoplifting). However, the act has been expanded since then and the courts have applied the statutes in an array of situations, including business theft and corporate embezzlement. The Act has also expanded to include theft of services from restaurants, business trade secrets, personal properties, theft of checks, operating motor vehicles and boats without permission (joyride), and tampering or the unauthorize use or sale of cable and digital televisions.

There are four basic elements in which the Plaintiff (business) has to prove. First, the business or business owner must prove that they have the right to possess the alleged stolen property or that they provided the services. Second, the alleged employee or defendant unlawfully appropriated or stolen the property or services. The property and services could be a number of things within the Texas Penal Code, such as theft of real or personal property, theft of service, theft of trade secrets, theft by check, illegal operation of a motor vehicle or boat, theft of a multichannel service or the unauthorize sale or lease of a multichannel video or information-services. Third, the unlawful taking was made with the intent to deprive the business owner of the property or to avoid payment of services. Finally, the business, plaintiff, was damaged as the result ofthe theft.

If the Plaintiff is successfuly in sustaining a cause of action under the Theft Liability Act, the Plaintiff can recover the actual damage, the cost associated with filing the suit against the Defendant (including attorney's fees and court costs), and exemplary damages (punitive damages). Although the TLA does not explicitly allow examplary damages, the Texas Damages Act allows examplary damages as part of a theft cause of action. Further, damages that are awarded for a felony theft in the 3rd. degree or higher ($20,000 in damages or more) are excluded from the cap on exemplary damages. Should you or your business has been a victim of employee theft or employee embezzlement, please contact thye Houston Business Theft Lawyers and the Houston Corporate Embezzlement Attorneys at PHAM & CLOVES, PLLC. Our experienced Houston Business Litigation Lawyers and our Southwest Houston Corporate Litigation Attorneys will assist you in prosecuting against the wrongful party and to recoup your damages.

DISCLAIMER

Each business theft and corporate embezzlement cause of action is unique depending on the fact, such as the the employment contract, if any, in which were agreed and signed with the parties.  The requirements and the level of proof may vary from one case to another. You should NOT rely on the information on of this web site in replacing a personal consultation with an experienced Houston Business Embezzlement Lawyers and the West Houston Commercial Theft Attorneys at PHAM CLOVES, PLLC.  There may be legal issues in which you may not be aware. Please feel free to contact our Houston Corporate Theft Attorneys and our Houston Business Theft Lawyers at PHAM & CLOVES, PLLC. today at 713-492-0337 or complete our Contact Form.

Serving Clients in Houston, West Houston, Southwest Houston, Sugar Land, Katy, Copperfield, Memorial, Spring, Northwest Houston, Northchase, Spring Cypress, Champion Forest, The Woodlands, Kingwood, Humble, Lake Houston, Midtown, Memorial, West Oaks, Royal Oaks, Missouri City, Richmond, Pear Land, Clear Lake, League City, Westchase Business District, Harris County, and Galveston County. In addition, our Houston business attorneys also have the language ability to communicate and to translate for clients who speak Vietnamese, Tagalog, Hindi, and in Urdu.