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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23557
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am being investigated for mail, wire and bank fraud from

Customer Question

I am being investigated for mail, wire and bank fraud from a former employer because he verbally authorized me to write checks and sign his name from his personal and business checking accounts to pay all personal and business related expenses. This was done for 3 years but I'm only being investigated for 2009 because his business was failing that year and he was basically broke and couldn't understand where all of his money went. I never took any of his money for personal use. It was a well known fact ever since I worked for him that I was his office manager, I handled all of the finances (even payroll) and that I signed his name to checks and other documents with his authorization. Do I have enough reasonable doubt here that I won't be indicted before a Grand Jury? I received a letter from the US Attorney warning me that this may go before a Grand Jury and they would like to speak wit me about a possible plea agreement. I've never been in trouble, arrested, etc. I'm scared to death of what might happen to me.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hello Jacustomer,

Unfortunately, probable cause doesn't require very much evidence. It's just a reasonable belief that a crime may have been committed and that you may have had something to do with it. The word of your former employer, if credible, (even if untrue) could be enough for probable cause, which is all a prosecutor needs to indict.

There's an oft-quoted remark here in my state that a good DA can indict a ham sandwich. Don't count on not getting indicted. Federal prosecutors are very good indeed.

Instead, rely right now on your right to remain silent. You should not be discussing anything with the government or with it's investigators without first retaining counsel to protect your rights. The Federal government plays hardball and presently has about a 98% conviction rate. So find yourself an experienced Federal lawyer, talk to him about this and to nobody else, and do as he instructs. If a plea turns out to be in your best interest, let him be a party to the negotiations.

Good luck!