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Posted

A client of mine has had a small claims judgement issued in his favor against an employee who embezzled funds from him.

Two questions:

Is the employer allowed to use the former employees vested profit sharing balance to satisfy this judgement?

If so, is he required to "withhold" 20% federal taxes before "distributing" the account to the Company to satisfy the debt?

Thanks....

Posted

Try a search on the word "embezzle" or similar words. There are 2 or 3 messages where this has been discussed.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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