Co-Owner fired and arrested after authorities were misled

[maxamillion125]

What is the name of your state (only U.S. law)? WA


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 apparently down and some company files stored online cloud were apparently 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 are 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 unlawfull 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?

 

[cbg]

Duplicate post

https://forum.freeadvice.com/computers-software-internet-law-10/unlawfull-use-computer-co-owner-deleted-website-authorities-mislead-618660.html

 

[justalayman]

what proof of ownership is there other than a reference to him being a co-owner? Does he have proof he paid to purchase some share of the company? Does he have proof she granted him some share of the company?

as Shakespeare once said:

’Tis but thy name that is my enemy;
Thou art thyself though, not a Montague.
What’s Montague? it is nor hand, nor foot,
Nor arm, nor face, nor any other part
Belonging to a man. O! be some other name:
What’s in a name? that which we call a rose
By any other name would smell as sweet;
So Romeo would, were he not Romeo call’d,
Retain that dear perfection which he owes
Without that title. Romeo, doff thy name;
And for that name, which is no part of thee,
Take all myself.

a name, or title in your friends situation, does not make them anything in itself. Calling him a co-owner does not make him a co-owner.

 

[maxamillion125]

what proof of ownership is there other than a reference to him being a co-owner? Does he have proof he paid to purchase some share of the company? Does he have proof she granted him some share of the company?

as Shakespeare once said:




a name, or title in your friends situation, does not make them anything in itself. Calling him a co-owner does not make him a co-owner.

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? Both current and past employees will testify to the fact that she called him co-owner and that they were partners.

 

[justalayman]

Apparently you missed the point of my Shakespeare reference. A name means nothing, especially if he had access to put his name on whatever.

You also need to describe the corporate structure. The fact they have a COO suggests the business may be an incorporated business. If so, then no, a verbal agreement without following written actions is not enough to prove anything.


More often than not there will be tangible proof of ownership in a business. the simple references you are tossing out are not proof of anything.

 

[maxamillion125]

Apparently you missed the point of my Shakespeare reference. A name means nothing, especially if he had access to put his name on whatever.

You also need to describe the corporate structure. The fact they have a COO suggests the business may be an incorporated business. If so, then no, a verbal agreement without following written actions is not enough to prove anything.


More often than not there will be tangible proof of ownership in a business. the simple references you are tossing out are not proof of anything.

Its an LLC. For argument sake lets assume he is co-owner. Do the charges still stand?

 

[justalayman]

Its an LLC. For argument sake lets assume he is co-owner. Do the charges still stand?

Even more so if it is incorporated such as an inc. or LLC.

In such situations the company becomes an individual entity and no owners have the right to damage the company.



Edit to add;

In Washington with an LLC, there must be a written record of the members. That is a requirement of the states laws so, to prove ownership all he has to do is provide those records.

But if there are no such records, he was not an owner.

 

[quincy]

Maximillion, please choose one of your two threads and keep all additional comments to that single thread. Thank you.

Here for the benefit of others is maximilliion's duplicate thread: https://forum.freeadvice.com/comput...leted-website-authorities-mislead-618660.html

I like the Shakespeare reference, justalayman. Nicely appropriate here.