Selling Items Stolen From My Employer on eBay

My question involves criminal law for the state of: RI

Hello
I have sold some items from my employer online via EBay, I know it was stupid and it really just got out of control. The company has launched an investigation with the local police and EBay. However the company said it I turn over the money for the items in question they would not press charges (the value of helpful is over $5,000.00). My questions are:
1 - Can the police and/or EBay still press charges or come after me even if the company claims they will tell the police they don't want to press charges.
2- Should I have the company sign some type of document stating they will not file charges before I hand over the money. If so, How should it be worded or where can I find a template?
And finally if the Police or EBay press charges would this document show the matter was resolved and would it hold up in court?

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Quoting NEPatsfan12

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1 - Can the police and/or EBay still press charges or come after me even if the company claims they will tell the police they don't want to press charges.

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With a report already having been made, yes.

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Quoting NEPatsfan12

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2- Should I have the company sign some type of document stating they will not file charges before I hand over the money.

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It would be stupid of them to sign such a document, and the document would be completely unenforceable in court.

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Quoting NEPatsfan12

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And finally if the Police or EBay press charges would this document show the matter was resolved and would it hold up in court?

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No. Such a contract would be declared void as against public policy.

It is society that is harmed by your moral turpitude. The state prosecutes not the person you stole from.

But how would a successful prosecution work if the employer hadn't showed to court to testify against the defendant? Would the offer of payment from the employer be considered a civil situation now?

It would be very unusual for the employees of a business to ignore a prosecutor's subpoenas, or to refuse to testify at a hearing -- an act that would likely trigger their being held in contempt of court.

So I am pretty much screwed. Does it matter if I turn over the money now?

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Quoting NEPatsfan12

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So I am pretty much screwed. Does it matter if I turn over the money now?

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As far as the law is concerned you are just as guilty whether of not you turn the money over. No one can tell you with certainty what effects turning the money over would have on the State's decision to prosecute, or on sentencing if you are found guilty. Turning over the money, will be pretty damning. Your best course of action right now is to stop talking to anyone about it, and hire a lawyer. Let them work out how and when to turn over the money, and how to handle the situation going forward, no one in the situation is your friend at this point, none of them are on your side. Hire a lawyer so you have someone who is looking out for your best interests and can navigate the situation without making it worse.

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Quoting Mr. Knowitall

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It would be very unusual for the employees of a business to ignore a prosecutor's subpoenas, or to refuse to testify at a hearing -- an act that would likely trigger their being held in contempt of court.

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Very true, but around here it would also be very unusual for a prosecutor to pursue a case in which the victim, be it corporate or personal, does not wish the subject to be prosecuted. The only exception is when there is perhaps a real fear that the person will commit more (usually violent) acts that put society in danger.

That's a minor point though; if E-Bay is in any way the victim, or if there's a problem with people doing this type of thing in the area and the police want to pursue it for that reason, OP still might be prosecuted.

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That's a minor point though; if E-Bay is in any way the victim, or if there's a problem with people doing this type of thing in the area and the police want to pursue it for that reason, OP still might be prosecuted.

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It's not eBay that's the victim here, it's the OP's employer. I would not be in the slightest bit surprised if the OP's employer were to press charges in order to secure eBay's cooperation in the investigation.

OP would do well to STFU and hire an attorney...oh, yesterday would be good.

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Quoting LawResearcherMissy

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It's not eBay that's the victim here, it's the OP's employer. I would not be in the slightest bit surprised if the OP's employer were to press charges in order to secure eBay's cooperation in the investigation.

OP would do well to STFU and hire an attorney...oh, yesterday would be good.

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I would think so too; I said "if e-bay were in ANY WAY the victim," meaning I could easily see them agitating for prosecution since they were unknowingly used to sell stolen property. I think they could make a case for ALSO being a victim.

The bottom line is, as we are all saying, OP might well end up being prosecuted and is probably already screwed.