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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience:  Handling criminal and probation matters for over 14 years.
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I a a federal civilian worker. 2 weeks ago, while cleaning

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I a a federal civilian worker. 2 weeks ago, while cleaning out my shop, I determined that there were some bronze gears that were not usable. They were used and no longer had the matching drive gear that the required from the factory. (They come in numbers matching sets. when i rebuild the equipment they go in, I, and others before me would always replace the gear sets with new sets, and throw the old gears in the metal dumpster. This is well documented in several areas. I don't know why these were even kept. I began to discard them and then made the stupid decision to take some of them to scrap myself. This obviously is a no no. I got caught and army investigators came down on me. They said they were sure I took them and they were worth thousands of dollars. I admitted everything, But assured them that I took the as scrap going to the dumpster, not as valuable new or usable gears> Additionally the night they confronted me, I told them I new it was wrong and If they called my mother and asked her what I had said to her after I brought the home, She would tell them that I had every intention of returning them because I new it was wrong and I wanted to make it right again. Sure enough, they escorted me home unannounced and recovered the property, and interviewed my mother, and she said exactly that.
Question1--- What kind of trouble am i in P.S.THE APPROX. VALUE AS SCRAP IS $240

question 2--- Is it figured on the new value or the scrap value since i was getting rid of them and could easily prove that this is normal and customary for this equipment.

question 3 Since I was able to verify that I was going to return the property with remorse, is it larceny?

Lastly, I have no criminal history to speak of, and I feel so bad about this that as a attempt at honor, I am going in to work and quitting before I even find out if I am fired. I am doing this because I want them to know I didn't take these items with the thought that they were valuable and usable; only as scrap. I have 23 years federal service. Also the investigative branch has no control over my supervisors authority to fire me. The investigation is ongoing, while My admission of stealing is enough for me to be fired. Either way, I am going in monday morning and resigning
Submitted: 3 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 3 years ago.

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

I am sorry to learn of your circumstances.

JB Umphrey :

The answers to your questions are:

JB Umphrey :

1. A lot of trouble. You can be terminated. You can also be criminally charged with embezzlement.

JB Umphrey :

2. The item does not have to have any monetary value for their to be a criminal charge. The fact, alone, that it is the property of the employer is enough.

JB Umphrey :

3. It does not matter if you told them that you were going to return the property or not. That is not relevant to any criminal charges.

Customer :

I assume that is only after I can prove it was useless in its current condition?

JB Umphrey :

It really doesn't matter.

JB Umphrey :

You have no burden of proof.

Customer :

Now i see what you The initial charge was larceny. Since the value could affect the punishment, what will they consider?

JB Umphrey :

You may want to first consult with a local employment attorney to work on your behalf to try to negotiate your resignation in such a way that your pension is not jeopardized.

JB Umphrey :

In terms of the degree/severity of the charges, at this juncture, it's not possible to predict/speculate.

JB Umphrey :

Good luck and best wishes for better days ahead.

JB Umphrey :

I hope that you find this information to be helpful and this answer to be ACCEPTable!

Customer :

okay, lastly, if i resign, would my pension be jeopordized

JB Umphrey :

I do not know if you are vested or not at this juncture.

Customer :

yes it is

Customer :

okay

Customer :

i am vested

JB Umphrey :

That's a good thing.

JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience: Handling criminal and probation matters for over 14 years.
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