were deposited into the Debtor’s account and Krasoff diverted the monies intended to fund the Debtor’s operations — as KRD alleges— Krasoff violated his fiduciary duty to the Debtor, and the injury or harm that resulted from such misuse was suffered by the Debtor, not KRD, because the monies belonged to the Debtor. See Waghalter v. U.S., No. 76-H-1355, 1979 WL 1498, at *5 (S.D.Tex. Oct. 23, 1979) (“When the responsible person deposits personal funds into the corporate account, his funds become corporate funds...U.S. v. Eleven Million Seventy-One Thousand One Hundred and Eighty-Eight Dollars and Sixty-Four Gents in United States Currency, More or Less, Seized from LaOstriches & Sons, Inc., Defendant-in-rem, 2015 WL 630291, at *4 (E.D.Mo. Feb. 13, 2015) [hereinafter Eleven Million ] (<HOLDING>). It may well be that Krasoffs embezzlement of
holding that a corporation exists as an entity apart from its shareholders even where the corporation has but one shareholder the general proposition of corporate identity apart from its shareholders leads us to conclude in accordance with decisions from other jurisdictions that the attorneys client is the corporation and not the shareholders recognizing privilege for corporate officers directors and shareholders to influence the actions of their corporation holding that individual shareholders of a corporation could disregard the corporate form and assert that a loan made to their corporation was usurious where the lender insisted that the shareholders incorporate an entity to receive the proceedseven though the proceeds were for the individual shareholders benefitsolely to avoid the lower usury rate for individual borrowers holding that claims of corporation vest in corporation holding that the funds in the privatelyheld corporations account belonged to the corporation not to the individuals who owned the corporation and expressly stating that directors officers and shareholders of a corporation do not have standing to claim an ownership interest in corporate property in their individual capacities they must state a claim in the corporate name