If I just found out that my business partner embezzeld funds from my ban account 4 years ago, can she still be prosecuted?

My business partner/accountant has been doing my bookkeeping, etc.for the last 8 years. I just found out last week she has been embezzling money from my bank account; the last time she that she did so was 4 years ago. Since it was 4 years, can I still prosecute her? I just truly discovered it last week when she turned over my records, etc. Does the discovery rule apply since I just found out?

Asked on October 7, 2014 under Criminal Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The statute of limitations, or time period for a criminal prosecution to commence, in your state varies with the amount of money take; the more that is stolen, the longer the time period. The maximum is four years, if several thousand dollars (or more) are taken. The discovery rule does not apply to criminal prosecutions, so from what you write, you either are almost out of time or may be out of time for your former partner to be prosecuted. You should not waste any time in speaking with the police.


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