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Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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an employee of mine stole a large amount of cash from my business

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an employee of mine stole a large amount of cash from my business (over six figures) i anonymously began texting the father of her child for whatever reason he would respond. I think they have custody issues and hx of CPO's etc. any way one of his responses he admitted or was bragging sort of that she had stolen the money from her old employer i.e. me. what kind of lawyer would i need to get these texts subpoenaed from the cell phone company? or would it get done in the course of a trial? would this be considered civil or criminal? his state of origin is Ohio which i know requires a subpoena for texts
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Can you tell me when this theft occurred? I assume that you are saying that your employee embezzled this money from you, is that correct? Did you file a police report when you discovered this?
Customer: replied 1 year ago.

the whole situation is quite complicated. she also took a company which is how she got the money out of state. i am in florida and she my money and my car are in Ohio. i have not reported it because i am still trying to get my vehicle back which was brand new and cost me $42,000.00 when she took it in dec of 2011. the authorities in florida wont do any thing regarding the vehicle. in the course of my trying to get the vehicle back i discovered she had gone to the BMV in ohio and changed the title from my company ana solo LLC to her name. i have proof of purchase a wire transfer from my bank to the auto dealership for the $42,000.00 papers for my LLC, an EIN, etc showing i purchased the vehicle through. i filed a complaint with the BMV in columbus, ohio in april of this year when i discovered the title transfer issue. since then i have had one conversation with the investigator with Ohio highway patrol who claimed she was "working" on it and stated it was felony 3 tampering with records what the employee did to get the title in her name i received an email from this trooper in june stating the prosecutor was "working on the title paper work" whatever that means i thought at the time it was going to be resolved and i would get the title because if i have the title i can get a key from the dealership and go get my vehicle and then proceed with trying to get my cash back if it still exists or proceed with getting her arrested if i have more evidence is my thought that is why i was wonder about the subpoena for the text messages

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for the information. I am still not exactly sure how the alleged theft occurred, or what the status is of criminal charges, but there are only two ways the text records can be accessed. One is via a warrant from law enforcement as part of a criminal investigation and the other is through a subpoena, either through the criminal prosecution of theft/embezzlement or a civil suit for the tort of fraud, theft or embezzlement. So, there must be a legal suit or charges filed before the texts would be made available to the State or your attorney (for civil suit.)

At this point, if there was criminal conduct, you need to report it all to law enforcement and let them do their investigation. These cases can take time, so you cannot necessarily expect any immediate action. If you don't want to wait for the criminal case to move forward, you can find a local attorney and file a civil suit.

Please let me know if you need clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17618
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 9 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi, yes i do have a couple more questions. When i file a police complaint about the theft or embezzlement of my money is that by itself enough for the police to obtain a search warrant? Or what else is needed? That is why I asked about getting the texts as evidence of her taking the money. Because I know if they start an investigation and contact this woman by phone or even in person and they don't search for the cash, she will hide it some where which is probably what she is doing now. Also when getting a search warrant for something like this, which in this case is cash, which can be hidden anywhere. Would they be able to get a search warrant for more than one location because I have been told through some other sources she moves the money around to a storage unit possibly and sometimes at her boyfriend's house? Also since i have to file the complaint in Florida because that is where the theft took place and she and the cash are in Ohio now. How motivated are the local police going to be, to go to Ohio to investigate this situation at their own time and expense??


 


 

Expert:  Marsha411JD replied 1 year ago.
Hello again--The evidence that the police have access to will have to create probable cause to believe a crime has occurred and that the text will be necessary and helpful in establishing that crime. There is nothing you can do, other than give them all the information you have. After that, they will decide if they think they have probable cause and then a judge, who has to sign the warrant will make the ultimate decision. It is fact specific and not something that I can guess.

The police can only get a warrant for a location where there is probable cause to believe the fruits of a crime are located. So, they have to have reliable information that contraband (money in this case) is in a particular location in order to get a warrant.

Police in Florida cannot get a warrant to execute out of state. This might end up being a Federal crime and the FBI might be involved if the money or theft occurred over State lines. In any event, you really want to be talking to the investigator who actually has access to your statements and the investigation about what they are doing.

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