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Bappelman, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 313
Experience:  Former Public Defender, Founder and Criminal Defense Attorney at Appelman Criminal Defense LLC.
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If a employee of a company embezells money but the company

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If a employee of a company embezells money but the company had found out the money was for a charity that the worker had a family member needing help i.e. The employee has a has a child that has a form of MD and the stolen money was given to The MDA. If the company book keeper was told to write the money off as a donation if the worker could still be charged with Embezellment?

I do not believe that the company could claim that monay as a tax write off for charity and prosecute the worker for embezzlement.

However, the actual prosecution in a criminal case is not made by the company, but is done by the prosecutor.

In a case like this I would think that if the worker is prosecuted, the company woudl not be allowed to treat the stolen money as if it was a charitable donation.
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