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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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I used a corporate credit card in an emergency for expenses

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I used a corporate credit card in an emergency for expenses that were incurred after I left that company. I have repaid the debt to the Credit Card Company. However, the company I worked for carried out an audit and saw that the card had been used after I left.
Can you tell me if they can prosecute for misuse and what the penalties are? I am really scared as I only used the card out of desperation. I now longer have the card in my possession; it has since been destroyed. Please help, I am at my wits end. I know it was wrong to use the card, but I repaid the debt in full, and I am hoping this will not be taken further, but if so, I need to be prepared. Thank you.

-Could you explain your situation a little more?
Have you been contacted by the company?

Have you been contacted by the police?

How did you learn of the audit?

Has anyone said they would file charges?

Have you made any statements admitting that you did this?

Customer: replied 3 years ago.

Yes, the Company contacted me yesterday. That is when I learned of the audit. I was contacted by HR Director. She never said they would file charges, but did say she would be handing over to Security (potential Fraud?). I did admit to her that I had used it and explained it was for no reason other than an emergency, and that the debt was repaid, etc. She thanked me for my honesty in admitting I had used the card. She said that paperwork would be sent to me... not sure what kind of paperwork, but I am very worried as it is not in my character to do anything like this. I know it was wrong, but I am hoping by admission and the fact debt is repaid they may just drop it. I am just trying to be prepared for the worst possible event.

DearCustomer- You can't take back what you said but you need to stop talking to anyone unless they are an attorney representing you. Nothing you say is going to help you and everything you say will be used against you. They may have a had a more difficult time proving it was you who used the card than if you simply admitted the fact but whatever the case, talking doesn't help. When the card was used the crime was committed so repaying the funds was a good thing but it doesn't absolve you of the technical crime. Now it will depend on whether the company wants to bother with filing charges and it is up to them. If they do you should not speak to anyone and you will need an attorney. If you cannot afford an attorney the court will appoint one at your first court appearance. I'm not trying to scare you but I have to explain the situation as I see it and not as we may like it to be. Hopefully the fact that the funds were repaid may weigh in your favor and the company will simply forget about all of this but I have no way to predict what other people may do. If they call again it is likely they plan to file charges so talking to them some more is not going to help. they know you did it and they know you paid back the money so anything additional is not going to help. You are correct to prepare for the worst and hope for the best and the best "preparation" is to remain silent and get a lawyer. Every defense attorney in America will tell you the same thing.
Customer: replied 3 years ago.

OK... so if I prepare for the worst and it goes to court, can you tell me what the penalty might be... is this a prisonble offense, for example? Sorry, but I do need to know what type of attorney to hire, should I face charges. Thank you again.

You need a criminal lawyer and, as I said, if you cannot afford counsel the court will appoint a lawyer. You will need to plead not guilty at first and then allow the lawyer to work out something with the prosecutor and judge and make certain all of your rights are protected. I cannot promise that jail would not be a possibility but if you have no prior offenses it is almost certain that, under the circumstances, you would receive probation and possibly some community service. Hopefully no charges will be filed since the money has been paid back.
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