Reporting a Credit Card Stolen by Mistake
My question involves criminal law for the state of: Ohio
I was out of town for a month when an employee of mine asked when I was going to pay them for some renovation work. I told them they could wait till I got back in town, but they said they would prefer I mail them a check. I suggested that in the mail holder for one of the places they were renovating, was the business card. I suggested they use the business credit card. I simply said "blue credit card."
A month after getting back I notice a debit account I have with a different institution had charges I did not recognize. The last charge I recognized was at the ATM before I left, so I filed a police report and said that I believed it was lost or stolen there after I withdrew money.
Long story short, months later I get word that my employee was arrested and charged with stealing that card. I confronted them about this and they said I had authorized them. It became clear that they took a different card that was near the mail holder, but was not the business card I was referring to. I spend a lot on the business card every month, so I did not notice charges or no charges, because we have the business card issued to several members of the board.
In any event, I hired them a lawyer and apologized for the confusion. I explained to the police that this was a misunderstanding. I paid the bank back immediately and told them to reverse the claim because though I had not authorized the charges, I would have if I knew they took that card by mistake. The bank was fine and thanked me. The police, however, tried to imply I filed a false police report. The judge in the case released my employee on OR and I told the judge the misunderstanding and that I did not want them prosecuted now that I know what happened. I explained to the police that filing a false police report requires knowingly giving incorrect information to the police or intending to deceive them, based on what the ORC says. Nothing I said in the report was untrue. I did not authorize the use of that card - but had I have known, I would have and would not have reported it.
Thoughts?
Re: Lost Credit Card Used by Employee, Would Not Have Reported
Thoughts?
yes
stop talking and listen to your attorney.
Re: Lost Credit Card Used by Employee, Would Not Have Reported
I hired the attorney for the employee. I have not been charged for filing a false police report, the officer just said it sounded like it was one and I explained why it is not and does not meet the legal definition.
Re: Lost Credit Card Used by Employee, Would Not Have Reported
Quote:
Quoting
sc2240
I hired the attorney for the employee. I have not been charged for filing a false police report, the officer just said it sounded like it was one and I explained why it is not and does not meet the legal definition.
If it is being investigated as a possible filing of a false report, again;
stop talkng about it
do not subject yourself to questioning without an attorney
from what you stated it does not appear there was a false filing BUT all I’ve read is your rendition of the situation
Re: Lost Credit Card Used by Employee, Would Not Have Reported
Thank you for the advice. I will get a lawyer.
Re: Lost Credit Card Used by Employee, Would Not Have Reported
Quote:
Quoting
sc2240
Thank you for the advice. I will get a lawyer.
I would find one. Doesn’t mean you have to retain them yet but if you are questioned again, refuse to answer questions until you do engage the attorney and have them present during any questioning.