Statute of Limitations for embezzlement

We have a very corrupt crew over here there is always one truth: It's not what you know but rather what you can prove.

How can you prove there were secret meetings? Were there minutes but no meeting notices? Is your knowledge gained purely from hearsay? Do you have audio recordings?

Furthermore you always have to prove some sort of harm to a court. How did the actions that resulted from these meetings harm homeowners?

Now let's assume for a moment you can prove everything. What is the outcome you want to achieve and is it reasonable? Is it worth the effort to pursue? So much of this is time sensitive too. It's much easier to go after a secret meeting that happened 30-90 days ago than it is one that happened 3 years ago.

It's not embezzlement but let me give you a practical example:

On February 22, 2019 we had a board meeting scheduled for 6:30 p.m. Our corrupt board members decided to all get together BEFORE the scheduled meeting time, vote in a corrupt candidate, and finish the meeting before it was even scheduled to start! Homeowners like me were effectively shut out. We were not allowed to vote or even speak because, one could argue, it was a secret meeting.

Well that didn't fly. I got on it immediately and caused such a firestorm that involved attorneys and everything that the meeting was nullified within 5 days and notice was sent to all homeowners stating the same. The trick was jumping on it ASAP. If I had attacked the problem 3 years from now I'm certain a judge would raise his eyebrow and tell me to pound sand.

It would be your case and as such you probably don't want to spew too much in an internet forum but I'd ask: Proof?

Before I moved into my HOA there was a president who was rumored to have received a kickback (a Caribbean Cruise) from a painting contractor. Long story short, a subsequent board decided to not pursue the matter because proving such a thing is tremendously difficult without a paper trail.

If you do have solid proof then you should prepare an evidence package, of sorts, and make an appointment with the local District Attorney to discuss your suspicions of embezzlement of corporate funds. Bring your proof to the meeting and make sure it's clear and persuasive. Then see what the D.A. says.

There's nothing in the HOA statute that deals with financial crime. There was an amendment proposed to the Condominium statute a couple of years ago that made it a misdemeanor to falsify records (along with a few other offenses) but it didn't pass.

You want to know what embezzlement looks like? Here's what embezzlement looks like. And also here, a case where $665,000 went missing. There are plenty of other stories and examples you can find by searching the internet. Look at a few and take notice of how such crimes were discovered and the circumstances surrounding each. These miscreants were prosecuted, so it is possible to get some semblance of justice. If you can prove it.

Geno S, I called the state attorney and they said i had to run it by the sheriff's office first and if they make a case of it, then they would look into it

The good news is, the meeting tomorrow just very well might boot the rest of the corrupt people off the board.

a few quit a few weeks ago, when they were being exposed.

There is a thing called "Liability Insurance" for board members. So the board members may not be sued individually for work they do as representative of the HOA. That factors in. Plus what is the lawsuit going to result in if they are sued? That no longer means it's a criminal but civil. So do you want a jail sentence or a lawsuit?

Sounds like best way to proceed is to provide enough info to the press ... let them do the research.

Noah, if true, what you have provided is clearly counter to FS 720 at the base level of illegal meetings ... I’d work that angle first.