LEO: Conflict of Interest - Commonwealth's  LE Op. 1058


Conflict of Interest - Commonwealth's Attorney.


March 18, 1988


You advise that you are the full-time Commonwealth's attorney in your

area. Prior to taking office, two individuals were indicted by the former

Commonwealth's attorney on charges of embezzlement and conspiracy. The

victim of this crime was a store located in your area. A principal

shareholder of that store was X, who was employed at your law firm. During

the time that you and X were employed by the same law firm, you were aware

that there were charges against two individuals for embezzlement, but were

unaware of any specifics. You were also aware that X served as the

registered agent for the store at the time that you and X worked at the

same law firm. After the embezzlement was discovered, X and the other

owners of the store began negotiating with the insurance company to

recover a portion of the embezzled inventory. The insurance company agreed

to pay the store $25,000 on the claim of embezzling inventory. X acted

both as an attorney and as a shareholder in the negotiations with the

insurance company. The insurance company now is indicating that they are

going to pursue civilly against the two alleged embezzlers on a claim of



You wish to know whether or not you may prosecute the two defendants on

the charge of embezzlement and conspiracy.


 LE Op. 1046 appears to be dispositive of your inquiry.


Committee Opinion March 18, 1988