Embezzlement of Business Assets by a Relative

My question involves criminal law for the state of: California

I opened a restaurant business in 2015. I have asked my younger sister if she would like to be my partner and she said, “No.” Her explanation was- that she had discussed it over with her husband and he doesn’t want to be involved with the business in the event it failed since they have a home and 401K’s. (I accepted the explanation, but still continued onward with my plans to open the restaurant.)

I raised my sister, brought her to America and put her through her bachelor’s degree and masters program. There were times when my salaries were not sufficient to pay her school fees; I would ask friends for a loan that I would pay later. I also took on a side gig at night after I get off from my full-time job to make pastries and would sell them to the locales, hoping to scrounge $1 or $2 that I could save up. It was hard work, but I did it for my sister. There were just the two of us in America.

My sister lived with me for 7 years before meeting her husband. They are now married with an 11 year old son.

Shortly after I started my restaurant, business got good and busy; my sister offered her services to help me. I provided her a small salary and have given her control of my business and personal accounts to pay the restaurant bills, EDD, tax and employee salaries. I focused on cooking and making delicious cuisines that customers love and would come back (often).

I worked (earnestly) day and night, but couldn’t understand where the costs are going and why I wasn’t turning a profit. One day, I audited my business and personal accounts and have found my accounts were paying personal bills, credit cards, utilities, groceries, trash, cell phone, and so on that were not mine. When I asked my sister whose accounts are being paid from my business and personal bank accounts, she claims to not know, and that her husband was the one who paid everything (online) using my accounts. I then asked her husband for an explanation and he said he did what his wife instructed and he didn’t know anything other than that.

I was upset and requested they both repay my monies that they have taken without my approval. The following day, I went to the banks, closed my accounts and removed their access from all of my accounts. I have made requests for the return of my monies on three separate occasions (April 15, 2017, April 21, 2017 and May 13, 2017). Then on June 6, 2017, I met with my sister’s husband at Wells Fargo Bank and asked again for my monies. He said he will repay me when he sells his home, however he did not provide a time frame as to when that will take place. Then silence, I received no response, no apologies, no efforts, just plain nothing.

On June 23, 2017, I sent a certified letter with a returned signature request to their home with a final request that they meet with me and have a plan as to when they will return my monies. On June 24, 2017, I received a text from my sister and essentially the text reads, “She will see me in court”.

I have copies of all my bank statements and proof of the embezzlement. The amount of monies taken without my authorization to pay my sister and her husband's personal bills, credit cards, utilities, groceries, trash, cell phone, etc. is $37,825.11. In March 2006, I have also loaned my sister and her husband $25,000 for a down payment to their home. I have asked on numerous occasions for the return of this loan and was met with, 'They didn't have any spare monies to pay me back (yet),' but their 401K's and savings grow higher and higher.

I operated my business in the State of California and County of Sacramento. I am ready to move forward with criminal proceedings and civil lawsuit, but I don’t know where to start.

Please advise and thank you.

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Quoting Sao Hom

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I am ready to move forward with criminal proceedings and civil lawsuit, but I don’t know where to start.

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Criminal proceeding - Call the police and report the crime.

Civil lawsuit - hire a lawyer. That kind of money is far beyond small claims court and apparently far beyond your capabilities if you can't even figure out where to start.

Quote:

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Quoting adjusterjack

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Criminal proceeding - Call the police and report the crime.

Civil lawsuit - hire a lawyer. That kind of money is far beyond small claims court and apparently far beyond your capabilities if you can't even figure out where to start.

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Thank you adjusterjack,

I called the Sacramento PD today and was given a website to file my report online. I am told I also have the option to come inside the police station to file a report in person. I have given my sister and her husband a deadline of July 15, 2017 (via certified letter dated June 23, 2017) to schedule a time where we can come together and resolve our situation. Although her response is that she will see me in court, I am willing to wait until after July 15, 2017 to file the police report. (I am hoping she will see things through and do what is right. It's still hard for me to fathom what she has done to me.)

I have never had a need for an attorney since I came to America twenty years ago, but now I find there is a great need to fight for what is rightfully mine. How do I go about getting a good attorney? Is there some sort of referral program that I can look into? I am aware my loss and/or recovery isn't a great amount for any decent counsel to take my case, but I have worked very hard for it and now so close to my retirement, I have nothing to show for it.