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  1. #1

    Default Unlawfully Accessing a Computer and Deleting Files

    My question involves business law in the state of: ID

    My friend was charged with unlawful use of computer and criminal intent for deleting a company website and some files. The 2 partners in the company had a dispute and the majority owner "fired" the other. After the majority owner realized their website was down and some company files stored online cloud were gone she called the cops and told them she fired an IT employee and he later deleted these files and website without her permission. The cop failed to verify her story or the other person's status as IT employee." She believes because there's nothing in a formal contract that states she offered another person ownership in her company that its not valid. There is text messages, emails, and business cards that says "co-owner." He was also introduced to other clients as co-owner and other employees would testify to the fact that she said he was co-owner. So my question is does the fact that he is co-owner negate those charges of unlawfully use of computer because as co-owner he had authority to access those files. Is this a civil dispute between 2 owners rather then a criminal offense?

  2. #2
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    Default Re: Unlawfully Accessing a Computer and Deleting Files

    She believes because there's nothing in a formal contract that states she offered another person ownership in her company that its not valid.
    offering something is not the same as delivering something so unless there is something that proves some share in the company was in fact transferred to your friend, "she" would be correct that your friend is not an owner in any way.

    There is text messages, emails, and business cards that says "co-owner."
    so if I have people send me texts using the name God and I buy some business cards identifying me as God I somehow have a legal claim that I am God?

    He was also introduced to other clients as co-owner and other employees would testify to the fact that she said he was co-owner.
    Same thing applies

    So my question is does the fact that he is co-owner negate those charges
    You have not gotten past proving he actually was a co-owner.

    Is this a civil dispute between 2 owners rather then a criminal offense?
    Even if he was a co-owner, the actions could be considered criminal. If he did not have the authority to do what he did, yes, it can be seen as a criminal matter and no, not all owners of a company have the right to damage company property. As a shareholder of a few companies I am technically a co-owner of those companies. Car to guess what would happen to me if I destroyed company property?

  3. #3
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    Default Re: Unlawfully Accessing a Computer and Deleting Files

    When you create a business, whether it's a partnership or a corporation, the business is a separate entity -- you may be an owner of the business, you may be an employee of the business, but you are not the business. The fact that you co-own a business does not give you the right to steal money from the business or destroy business property. If you're a sole proprietor (and are not engaged in insurance fraud) nobody is likely to care. But when you're the minority partner in a business, you can rest assured that the other owner(s) are going to care if you steal from the business or damage business property.

  4. #4

    Default Re: Unlawfully Accessing a Computer and Deleting Files

    Quote Quoting jk
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    offering something is not the same as delivering something so unless there is something that proves some share in the company was in fact transferred to your friend, "she" would be correct that your friend is not an owner in any way.

    so if I have people send me texts using the name God and I buy some business cards identifying me as God I somehow have a legal claim that I am God?

    Same thing applies

    You have not gotten past proving he actually was a co-owner.

    Even if he was a co-owner, the actions could be considered criminal. If he did not have the authority to do what he did, yes, it can be seen as a criminal matter and no, not all owners of a company have the right to damage company property. As a shareholder of a few companies I am technically a co-owner of those companies. Car to guess what would happen to me if I destroyed company property?
    The business cards were designed and purchased under a business account in her name last year and that can easily be proven. He's also listed on the company website as Owner - COO. He's also listed as joint account holder on the business bank account. Isn't a verbal agreement binding? He was offered a percentage in the company and accepted it. If it were simply just an offer the business cards, bank account, website, text messages and emails wouldn't list him as co-owner, right? Wouldn't those actions validate him as owner?

    - - - Updated - - -

    Quote Quoting Mr. Knowitall
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    When you create a business, whether it's a partnership or a corporation, the business is a separate entity -- you may be an owner of the business, you may be an employee of the business, but you are not the business. The fact that you co-own a business does not give you the right to steal money from the business or destroy business property. If you're a sole proprietor (and are not engaged in insurance fraud) nobody is likely to care. But when you're the minority partner in a business, you can rest assured that the other owner(s) are going to care if you steal from the business or damage business property.

    I understand that but wouldn't this matter be more suited for a civil lawsuit rather then felony criminal offense? The arresting officer didn't have all the facts he simply was mislead and decided to act upon the given information that this person was terminated and no longer was authorized to access company information.

  5. #5
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    Default Re: Unlawfully Accessing a Computer and Deleting Files

    That's for the DA and your friend's attorney to decide.

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    Default Re: Unlawfully Accessing a Computer and Deleting Files

    So then he is still an owner. Does he receive his pro rata share of the profits? Does he still have rights to review the company books?

    no, none of the actions you describe validate a claim of ownership.

    and the cops are not going to make an immediate arrest on what you described. This is something that would have to be investigated to even know if the data had been intentionally deleted or it was a bug in the systems involved or by whom it may have been deleted.

    Regardless, there will be charges only after a da reviews the information and is comfortable they are justified. then there will be multiple levels of progress where the charges will have to be substantiated and eventually, if it gets that far, your friend will have a right to defend himself in court. That is how the process works.

  7. #7
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    Default Re: Unlawfully Accessing a Computer and Deleting Files

    Quote Quoting maxamillion125
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    The business cards were designed and purchased under a business account in her name last year and that can easily be proven. He's also listed on the company website as Owner - COO. He's also listed as joint account holder on the business bank account. Isn't a verbal agreement binding? He was offered a percentage in the company and accepted it. If it were simply just an offer the business cards, bank account, website, text messages and emails wouldn't list him as co-owner, right? Wouldn't those actions validate him as owner?

    I understand that but wouldn't this matter be more suited for a civil lawsuit rather then felony criminal offense? The arresting officer didn't have all the facts he simply was mislead and decided to act upon the given information that this person was terminated and no longer was authorized to access company information.
    As has already been explained, it doesn't even matter if he was an owner or not. It is still a criminal matter and he has been charged with a crime. He needs a criminal defense lawyer. This is not going to go away because he wishes it would.

    By the way, whether he is convicted or not, he could still face a civil suit for monetary damages.

  8. #8

    Default Re: Unlawfully Accessing a Computer and Deleting Files

    Quote Quoting jk
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    So then he is still an owner. Does he receive his pro rata share of the profits? Does he still have rights to review the company books?

    no, none of the actions you describe validate a claim of ownership.

    and the cops are not going to make an immediate arrest on what you described. This is something that would have to be investigated to even know if the data had been intentionally deleted or it was a bug in the systems involved or by whom it may have been deleted.


    Regardless, there will be charges only after a da reviews the information and is comfortable they are justified. then there will be multiple levels of progress where the charges will have to be substantiated and eventually, if it gets that far, your friend will have a right to defend himself in court. That is how the process works.
    He was arrested the same day he was "fired." They attained a search warrant and moved very quickly. Like I said earlier, the majority owner mislead the cops and they acted upon the information they had collected within a few hours. I believe after the DA is presented with all the facts the charges will be dropped or at least reduced.

  9. #9
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    Default Re: Unlawfully Accessing a Computer and Deleting Files

    There are very few police departments capable of undertaking the task of same day searches of computer files but even for those that can, the results do not result in arrests without a quite obvious crime (think Jerod Fogle).

    But you never answered my question about his ownership. Does he still receive his share of company profits or dividends? Does he still enjoy any other right or perq he received as an owner of the company?

  10. #10

    Default Re: Unlawfully Accessing a Computer and Deleting Files

    Quote Quoting jk
    View Post
    There are very few police departments capable of undertaking the task of same day searches of computer files but even for those that can, the results do not result in arrests without a quite obvious crime (think Jerod Fogle).


    But you never answered my question about his ownership. Does he still receive his share of company profits or dividends? Does he still enjoy any other right or perq he received as an owner of the company?
    Your not understanding. It's very easy to show a police officer that your website is offline and to show them company files are missing on a drive. Then telling them this IT employee whiz is the only one with credentials to access the website so therefore he must have taken it offline. His home computer's were seized during the arrest.

    I have no idea if he still receives company share profits and dividends this happened a month ago.

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