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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30393
Experience:  Lawyer
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I am in Ohio. I embezzled 44,200 from my employer. I was

Customer Question

I am in Ohio. I embezzled 44,200 from my employer. I was arrested and sentenced to 6 months in jail. I paid full restitution on my sentencing day. Now my former employer is suing me civilly for the same 44,200 that he has already been paid plus damages of over 300,000. He is trying to claim his business losses as my fault. I know he can sue anyone he likes but can he get the money twice.
Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

He cannot recover restitution that you have already paid. If you bring evidence from the court case that you paid full restitution, the judge should dismiss the $44,200 part of the claim. Your former employer can still claim punitive damages, which tend to be based on your ability to pay and the wrongfulness of your conduct. That's not likely to come anywhere near close to $300,000 unless you are independently wealthy. To get an additional $300,000 in damages, he'd have to establish some causal link between the money you took and later business losses. You're not liable for ALL business losses that occurred. He has the burden of proving he's out the amounts he's asking for due to your behavior. He's not out anything you've repaid. If he doesn't have proof of the rest, the judge can't make you pay.

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