A business, run by a man who killed himself under the cloud of a criminal investigation, can proceed against his estate to recoup the money that was advanced for his legal expenses.

Nassau County Surrogate Edward McCarty (See Profile) ruled FalconStor Software could move forward with a recoupment claim against ReiJane Huai’s estate for criminal defense costs. Although Huai was never convicted, the judge said, he could not be deemed successful on the merits of the criminal case while alive.