Doing Business Under a Company That Was Administratively Dissolved by the State

My question involves criminal law for the state of: Kentucky
I know of a professional who continues to build business and obtain client using the name of a company that was once registered to him/her, but the company has been administratively dissolved by the state for 20 months. Another entity paid the state to register the same exact name as an assumed and received the rights to the name for 5 years. Is the professional misrepresenting him/herself to the public with the intent to make make money, by using a company name that is not registered to him/her? Since the original owner had constructive notice by the state of the dissolution, does this become a constructive fraud case? Also, it is a misdemeanor offense in Kentucky to violate the state statute for business registration, does this mean that it is criminal? The company in question happens to be one person, with part time staff, law firm.

Why do you ask? Do you have a beef with this person?

If yes, then you may file a complaint with the Secretary of State if he's violating any filing rules. Or sue him, whichever is appropriate.

If not, then please address your hypothetical question to the Secretary of State's office.

However, I did read enough on the Secretary of State's website to tell you that there are ongoing filing requirements for business "entities" (corporations, LLCs etc) implying that a person who is doing business as an individual with a business name and not one of those entities appears to be doing nothing wrong.

If you believe a crime has occurred, you can report your suspicions to the police.

If somebody does business under a lapsed corporation, and they are unable to reinstate the company, their transactions will normally be treated as if they were operating as an unincorporated entity (sole proprietorship or partnership).