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