Scenario: 1. 6/2011 - over 5 month period, >$20k was misappropriated/stolen.2. Person was "found out", confessed and immediately started paying the funds back in the form of a lump sum of $5,200 in 12/2011. 3. 12/2011 - Two of the owners, paid the company back the amount Person had taken and a mutally agreed to personal loan repayment agreement was made.4. A cash payment was made in the form of $300 to one of aforementioned owners in 2/2012. Can the person still be tried for embezzlement?
Country relating to Question: United States
State (if USA): California
Seeing an Employment Law Attorney
Thank you for the post, I am happy to assist you by answering your questions. Do you mean can the owners sue the person for a civil judgment?
Since I really have no idea about the law and have never been involved with anything legal in my life, I don't know how to answer your question.
I guess what I'm asking is, can this person still be taken to court to face criminal charges of Embezzlement? What can they (the company) do?
Thank you, XXXXX XXXXX opt out in favor of a criminal law expert. another expert should be along shortly.
Do I have to pay another fee?
No, you do not. Because I never provided an answer that was accepted your initial deposit still applies to the question.
Your service is wonderful. I never really expected an answer back. Thank you very much.
Good morning,I'm sorry to hear of the situation. As your previous expert has opted out, I can assist you. I answer in Criminal Law, among other legal categories.The fact that a person who is caught, or admits, to embezzlement voluntarily returns that property or money taken, whether it is immediately given back, or it is paid back in a payment plan----the crime of embezzlement has still occurred and the return of what was taken will not absolutely prevent the criminal prosecution of the act itself.Now, you make the whole issue a bit more interesting by suggesting that after the fact two of the owners paid the remainder back for the employee and created more of a true loan.This is a bit like a man having sex with his underage girlfriend, and then before being charged with a crime, marries her. Oftentimes the prosecutor simply is not of the mind to go ahead and prosecute the man. And in this case, given the actions of the owners, so long as they would argue that it was now all okay---the prosecutor might just leave it all be.However, under the law, the criminal act would still be capable of being charged and prosecuted if the state's attorney desired to do so. There is nothing about the fact situation which would shield the employee from being charged.I wish you the best in 2012.I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.Would you be kind enough to rate my answer based on the knowledge I have provided to you, and accept that I was obligated to be truthful, even if the answer was not good news for you.Thanks you,Doug
27+ years legal experience
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