Conversion Charges Filed
My question involves criminal law for the state of: Indiana
Last year I was the president of a non for profit organization. I had an organization debit card and was an authorized user. I had a full time job in sales which I traveled frequently and over many states.
In June of last year, I was traveling out of state and went to check into a hotel where I would be staying for 3 days to work at a show. My personal debit card on file with the hotel was declined when they tried to authorize it for the stay. I thought this was a mistake since my electronic deposit should have already shown up. He tried it a couple of times and still declined. I do not have credit cards so I couldn't give him another. He said it was for authorization only since I don't get charged until the end of the stay. We couldn't call the bank either to get a temporary authorization (which I have done before since my deposits were regularly scheduled) since it was after hours. I used the organization's card for the authorization and the clerk said he would mark the account to charge my card on file when I left.
I don't check out from this brand of hotel. I leave my key in my room and they send me my receipt electronically within 24 hours and I file them on my expense report to send to my company in another state, for reimbursment.
Approximately a month later, the treasurer of the organization called me and asked me about this charge. I was surprised to say the least, but told him I would take care of it. When I got my expense check, I wrote the organization a check and returned the card because my term was ending soon anyway.
3 weeks ago, I received a call from a local detective who wanted to know if I could stop by to answer a few questions. I did and was shocked this was being brought up. He recorded the interview. He told me that the new president of the league went to the prosecutor in March and wanted them to file charges on me. I should mention that this person and I do NOT get along and never have, despite growing up together as kids. After the detective finished the questions, he turned off the recorder. We chatted. I'm from a small town and he wondered if this was just vendictive of this person to do this, since he knew him well. He said he couldn't imagine anything coming of it since I paid it back and the former treasurer, who he also interviewed, had no issues with how it was handled. He said he would turn over the tape to the prosecutor and it was up to him though.
So today I find out that I am being charged. I am going through a divorce and have just recently been laid off from my job. I cannot afford an attorney. I'm wondering if I have any grounds to have this dismissed because of any of the following:
*The card was returned and a check written and both were excepted.
*As of October 1 of 2010, a new board is in place. So does the new president have the authority to file charges since he was not an officer at the time of the so-called conversion?
*I was an authorized user on the account at the time of the incident, although it was never my intent to charge the stay.
Any help would be greatly appreciated. I know that this is just vendictiveness. I find it very coincedental that he also didn't go to the prosecutor until almost 5 months later and after the organization received my yearly sponsorship check!
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