[redbird123]

My question involves criminal law for the state of: GA

We own a small business which is incorporated, has been for 20 years. It just came to light that our secretary/bookkeeper/office manager (same person) has been embezzling money--nearly $70K. The checks were written over the course of two years to a friend of hers who cashed them, kept a small percentage and gave the rest back to the secretary (conspiracy?). We had no idea as we completely trusted this employee who has since been fired and she has admitted to the crime to us (no police yet) and swears that she will pay it back and doesn't want to involve the friend. However, paying it back won't be in a timely fashion. Is it wise to go ahead and involve the law in order to guarantee restitution or wait and see if she is true to her word? If we wait, what is the time frame for prosecuting if she doesn't pay? Can't we prosecute and then request retitution in lieu of jailtime and jailtime if restitution isn't made? (FYI: a $500 check written as a gesture of good intentions the day after she was "found out" turned out to be uncashable.) The only persons aware of this are myself, my spouse, the CPA, and our banker as well as the employee. What's the best approach to ensure the $70K is returned promptly (I think a fair time frame for repayment is to pay back at the rate she took it, if not sooner)? (since she is married, does this become an issue to which her husband can be held liable as well? He doesn't know yet, and what legal stand do we have to divulge this to him?) We are in the process of an audit to determine how the books were doctored and to see if there are other areas in which she embezzled or misrepresented transactions. I appreciate any advice as my gut tells me to go straight to the police and DA.

[OhMy]

My question involves criminal law for the state of: GA

We own a small business which is incorporated, has been for 20 years. It just came to light that our secretary/bookkeeper/office manager (same person) has been embezzling money--nearly $70K. The checks were written over the course of two years to a friend of hers who cashed them, kept a small percentage and gave the rest back to the secretary (conspiracy?). We had no idea as we completely trusted this employee who has since been fired and she has admitted to the crime to us (no police yet) and swears that she will pay it back and doesn't want to involve the friend. However, paying it back won't be in a timely fashion. Is it wise to go ahead and involve the law in order to guarantee restitution or wait and see if she is true to her word? If we wait, what is the time frame for prosecuting if she doesn't pay? Can't we prosecute and then request retitution in lieu of jailtime and jailtime if restitution isn't made? (FYI: a $500 check written as a gesture of good intentions the day after she was "found out" turned out to be uncashable.) The only persons aware of this are myself, my spouse, the CPA, and our banker as well as the employee. What's the best approach to ensure the $70K is returned promptly (I think a fair time frame for repayment is to pay back at the rate she took it, if not sooner)? (since she is married, does this become an issue to which her husband can be held liable as well? He doesn't know yet, and what legal stand do we have to divulge this to him?) We are in the process of an audit to determine how the books were doctored and to see if there are other areas in which she embezzled or misrepresented transactions. I appreciate any advice as my gut tells me to go straight to the police and DA.

I am sorry to hear of your problem. My answer is very one sided as I am in law enforcement myself.

You have to go to the police with this. This person needs to be arrested and held responsible for what they did. The court can order restitution for the crimes. What if she decides not to pay you back in time and the SOL's run out?

What will stop this person to go get another job and do this to others? Anyone else who helped carry out this crime needs to be held responsible as well.

I appreciate the fact that you feel horrible by going to the police and the DA, however, you need to do this to protect your interests and to protect the next employer from going through what you did.

You go directly to the police and the DA and you file the complaints.

[redbird123]

Thank you. I was certain I was going to be told that. By the way, what is the SOLs for Georgia?