Copy of A lesson from the golden toilet heist. Colorado businesses: learn about a remedy that can result in treble damages & attorneys fees against rogue partners, employees and anyone who steals from

The theft at the Louvre reminded me of the infamous 2019 theft of Maurizio Cattelan’s solid gold toilet from Blenheim Palace recently ended with criminal convictions. While the case was high-profile, the eventual resolution highlights a powerful, and often overlooked, legal recourse available to businesses in Colorado for recouping losses—the state's civil theft statute.

If you suspect that your business or you have been the victim of theft, you should put a call into your lawyer. Parenthetically, your lawyer should not be charging for that call to explain basic items and to help you establish a plan to deal with the situation.

At Zendejas Law, we assist Colorado businesses in navigating complex legal disputes, including those involving internal theft and fraud. Our Colorado Springs business litigation attorneys understand that a rogue partner or employee can threaten a company’s financial stability. The civil theft statute is a critical tool for our clients in these scenarios.

Under Colorado law (C.R.S. § 18-4-405), a business that is the victim of theft, robbery, or burglary can sue the person responsible. This civil action provides a crucial path to recovery, particularly when the perpetrator is a former partner or employee. The law allows the business to not only recover the actual value of the stolen property, but to seek treble damages (three times the actual loss) plus attorney fees.

This powerful statutory remedy ensures victims are compensated, even if the stolen goods are never recovered. This was the case with the golden toilet, which was reportedly melted down and sold for parts. A Colorado business facing a similar scenario—say, a rogue partner siphoning off company assets—could leverage the civil theft statute to pursue a more significant financial penalty than a simple breach of contract claim would allow. At Zendejas Law, our business lawyers help clients build a strong case to maximize their recovery.

Furthermore, Colorado's civil theft statute applies even when a contract exists between the parties. The Colorado Supreme Court affirmed this in the 2019 case Bermel v. BlueRadios, Inc., which involved an employee who stole proprietary information. This ruling makes the statute an essential tool for businesses dealing with internal misconduct, a matter our Colorado contract litigation lawyers are well-versed in handling.

The parallels to the golden toilet theft are clear. Like the thieves who were aware of the toilet's value, a person is liable for civil theft if they knowingly obtain control over a business's property without authorization, with the specific intent to permanently deprive the owner of it. For a business, this could apply to a range of assets, from physical inventory to digital intellectual property. Our corporate litigation lawyers in Colorado Springs have experience prosecuting these complex cases to protect our clients' intellectual property and other assets.

In the end, while the golden toilet will forever be lost to history, its theft serves as a vivid reminder for businesses: criminal charges may lead to prison time, but a civil theft lawsuit in Colorado can lead to a substantial financial recovery that delivers a powerful message to any would-be perpetrators. Zendejas Law is here to help your business get the results it deserves. Please feel free to call, send an email or text us to see if we can be of help.