I own a business. An employee stole money. I have a claim against my employee dishonesty bond. It order to get paid, I have to give them evidence of a criminal conviction by June 20th. My local attorney has been slow in making a complaint to the AG office and the city attorney. There will be two complaints. One is a criminal charge under the Nurse Practice Act. The other is a charge of theft.How long does it typically take for the authorities to prosecute and convict in a case like this?Thanks
State/Country relating to Question: Minnesota
Thanks for using JustAnswer.com It will be my pleasure to assist you.In order for me to better answer your question, please provide the following information:What type of business do you own?When did the crime occur?When did you find out about the theft?Did you make a police report?Thanks
I own a Medicare certified home health care agency
The crime occured from 5/1/11 to 2/20/12.
The crime was discovered on 2/20/12
We have not yet made a police report. My locat attorney is supposedly working on a complaint to give to the City Attorney or AG's office.
How much money was stolen?Thanks
Was the money taken from the agency or from individuals in their homes?If the money was taken from individuals, do you know if they made police reports?
The money was taken from the agency.
Sorry for the delay. I don't know what your attorney is waiting for and why the process has not even yet begun. You need to have a heart to heart discussion with your attorney as to his/her role in this matter and why s/he has NOT done anything to get the ball rolling. As an employee of the agency, it is possible that the nurse can be charged with felony embezzlement. Embezzlement is a kind of property theft. It occurs when a defendant, who was entrusted to manage or monitor someone else’s money or property, steals all or part of that money or property for the defendant’s personal gain. The key is that the defendant had legal access to another’s money or property, but not legal ownership of it. Taking the money or property for the defendant’s own gain is stealing; when combined with the fact that this stealing was also a violation of a special position of trust, you have the unique crime of embezzlement.
Embezzlement can occur in a variety of circumstances. For example, a bank teller has legal access to client money, and is trusted to handle but not take that money. Officers and employees of companies can also embezzle funds belonging to the company, as can family members caring for a relative, professionals like lawyers or board members who handle client or investor money, or anyone in a position of trust with regard to someone else’s money or property. http://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/minnesota-embezzlement-laws
Thanks for the excellent answer. When I posted my question today, I was really tired. I should have made it clear that the nurse did not actually steal cash, rather, she knowingly worked without a valid license, and lied about the status of her license to our HR manager.
Can you provide me with a short modification to your analysis?
Again, you need to have a heart to heart discussion with the attorney who is representing your company. You need to find out why s/he hasn't begun to proceed with the necessary steps to get the ball rolling.As I stated in my earlier answer, you are a mandatory reporter and must make a complaint to the Nursing Board.Moreover, you will still need to make a police report as I indicated in my previous answer. When the detective assigned to investigate the case finishes, s/he will present the information to the city prosecutor.The Nurse may be prosecuted under the NPA. If convicted, the nurse would be facing penalties for a gross misdemeanor. The maximum penalties for a gross misdemeanor are up to 1 year in jail and/or a $3,000.00 fine. The nurse could also receive a lesser sentence that may include some or no jail time, probation (reporting or non reporting) with conditions placed upon her by the court along with fines/costs. Sentencing is within the discretion of the judge within the law. It is impossible to know what sentence the nurse might receive until many more facts become known throughout the process.I hope you find this information useful. It has been a pleasure to assist you today. Good luck. Thank you.
Is is possible the nurse could be charged with theft outside of the NPA?
The nurse could not be prosecuted for theft outside of the NPA unless the nurse's conduct fell under "theft." Theft would include theft of things, valuables, money, identity, etc. It would be up to the detective in charge of the case to investigate the possibility of the existence of a crime outside of the NPA, and up to the prosecuting attorney to authorize the appropriate charges.I hope you find this information useful. It has been a pleasure to assist you this evening. Good luck. Thank you.
20+ yrs in criminal, landlord/tenant, family, & small claims
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