My business partner is stealing cash from our automotive repair shop. He owns the building but my father and I own all of the tools and equipment. We have figured he has stolen 300,000. What should be our first course of action?

You are going to have to build a case against this person. you are going to need proof and evidence that the theft, indeed took place and the partner is the guilty party.

Once you have the ammunition, there has to be a legal starting place. that's a police report.

Once the report is filed, you will contacted by a detective for more information.

After the detective has completed his investigation, he will present the case to a grand jury. if the grand jury returns a true bill, a warrant will be issued for the partners arrest. the subject will be arrested.

Next will be General Sessions Court, then Criminal Court.

You have your work cut out for you. make the police call and then gather your evidence.

Compile all the documentation that you can to use as evidence. Unless you've gotten him on camera or something, you are going to want to get to next step, which is to have him found in possession of the stolen property, which will require probable cause. Without the above, there is hardly a case. As for the valuation of the damages, (your property) I'd wait on that until you have worked with the police and gathered requisite evidence.

Call the authorities, right away. You need to protect your interests first. Get the police involved immediately.

How is he stealing the cash?

Are you recording all cash income on the books?
Has anyone been keeping cash off the books to avoid paying taxes?

Have an accountant examine your business and create sound systems for keeping track of what you do, how parts and services are billed, and how everything is tracked and recorded.

Deposit cash in the bank every night.

Buy a safe if you need to.

Visit with your bank and see what services thay have to handle cash for small businesses.

I use Microsoft Accounting to manage my business. It is not trivial to use but it forces you to keep track of things.

http://office.microsoft.com/en-us/accounting/FX100518171033.aspx

It costs $199.95.

An accountant may be needed to help you set it up.

Look at this:

http://www.nurol.com/PackageDetails~pid~21~vert_id~8~vcat_id~33.php

This integrates with Microsoft Accounting.

I know this looks complicated but it will cost a lot less than $300,000.

Good luck!

First, you need good solid proof. Then, you go to the DA's office and show them what you half. If you have a case they can prosecute, he'll be going to jail for a while and will have to restitute you for your losses

Talk to a lawyer ASAP.

First off, this may not be a criminal matter depending on what form of business entity you have and the agreements you have made. If your partner owns the business as well then he may just be stealing from himself (which is not possible). Since you called him your partner, I will assume that you have a partnership. Do you have a "partnership agreement?" If not, then his actions may not be theft.

Sorry for being vague, but I would need more facts to determine if his actions were truly criminal. For example, what was he using the money for? What was your agreement as to how the money was to be divided? What state do you live in?

However, even if this is not a criminal matter, you most likely have a civil action available to you. If you have a partnership agreement then you may have a breach of contract or bad faith claim. If you don't, the law mandates how the money is split up, so you still have a claim.

Call in the Auditors and then when you have the proof the Police.

We just had sort of the same situation. My partner (he owns 24.5%, my brother owns 24.5% and I own 51%) was having our customers make out service checks to himself (hvac company)and then depositing or cashing them at his own bank. He filled out a company service ticket, used company tools, parts, truck, etc. to do these service calls on company time. My attorney told me it was theft and to go to the State's Attorney. We started at the police station only to be told "you can't charge a partner criminally because it is partly his company". Police advised us to sue in civil court. It is a horrible thing. He was stealing from the company and then collecting a paycheck at the end of the month.

I'm on the same boat. I gave my partner a donwpayment for a percentage of the company. I quit because I couldn't deal anymore with the mess that this person is creating for the business. I have online records that this person has been writing check and paying personal debts with the business account. I don't know if there is something I can do. Please somebody help me I would like to press criminal charges if I could

dude ur not very bright r u. $300 grand worth of stolen goods????? go get the FBI, the CIA, hell the LAPD, NYPD, Miami PD, and even the DEA on his ass! or u can just hire michael jackson's lawyer and sue him for millions.