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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I got caught committing payroll fraud and I got caught a guy

Customer Question

I got caught committing payroll fraud and I got caught a guy called me on the phone and I lied to him I don't know what I should do. Should I call him back and tell him the truth. He knows I lied and he has proof. Should I do nothing. I have an Ipad should I call and ask where to send it and see what he does. I was wrong in the matter and I am just scared of becoming a felon or something. I quit a week before I got caught. I was putting in false times on a time card.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me:

1) How much money was stolen?

2) Does the person who caught you work for the company?

3) What does your iPad have to do with anything? You mean he is demanding it as "payment" so he does not talk?

4) Is he asking for anything such as money?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
1. I think a 1,000- maybe max 3,000
2. yes
3. My husband told me to call and see where I need to send the Ipad because it is owned by the company and by doing this find out more information of what he is planning for consequences
4. He just asked me why I clocked in and wasn't there. Then told me the manager at the store told him I haven't been there for months. I lied to him and we he knows I lied. They have proof because there are cameras at the store. The company is ********** Inc. I ************. I had to clock in and out on the Ipad.
4. He is not asking for anything.
No need to be sorry. I was wrong, I deserve to be punished. I know what I was doing when I did it. This is why I quit. I just don't want to become a felon or have this on any permanent record. I am a college student and a military veteran. I am not a bad person I just did a stupid thing.
Expert:  Ely replied 1 year ago.
Thank you.
Now the company can do one of the following two things, or both, or neither:
1) Sue for money back civilly, and/or
2) File a criminal complaint.
It really is their decision.
If someone in your situation believes that at least one of the above may happen, then it is recommended to:
A) Use an attorney
B) Have that attorney contact the company, and
C) Negotiate that in exchange for the repayment of money either lump sum or overtime, the company will (i) neither file a civil nor criminal complaint, (ii) and forget this ever happened, and (iii) never disclose this to anyone.
Provided an agreement may be stuck in a contract, then all of this should go away.
Now the company may not do anything. But it is best not to take that risk.
NOTE that actually, the company can still technically file a criminal complaint even if a non-disclosure contract is signed, but this would be rare.
Most companies would be eager to nip this in the bud as much as the person, anyhow, and provided they are repaid, are unlikely to seek civil/criminal relief.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Expert:  Ely replied 1 year ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question. Please let me know – I am simply touching base. Thanks!