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  1. #1
    Join Date
    Oct 2014
    Posts
    4

    Default Re: Breach of Trust with Intent to Defraud

    I did use the cars for personal use ALONG with the company use - but I did not rent the cars with the Intent to Defraud. The charge is a Criminal Charge of Breach of Trust with the Intent to Defraud. Although I may have used the rentals in a combonation of Business/Personal use it wasn't to "Defraud" my employer or anyone else.

    - - - Updated - - -

    When my project would be delayed for a few days I did drive the car for personal use locally - and as soon as I flew back out I returned the Rental as scheduled. I can see this as a Civil Matter but how is this Criminal? There was no intent of Fraud.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Breach of Trust with Intent to Defraud

    Quote Quoting DKC73
    View Post
    I did use the cars for personal use ALONG with the company use - but I did not rent the cars with the Intent to Defraud. The charge is a Criminal Charge of Breach of Trust with the Intent to Defraud. Although I may have used the rentals in a combonation of Business/Personal use it wasn't to "Defraud" my employer or anyone else.
    so you did use company resources for personal gain. When you rented the vehicle, were you aware you may be using it for personal use along with the business use? Did you intend on reimbursing the company for your personal use?

    if the answers are yes and no (in that order), then yes, there was an intent to defraud.

  3. #3
    Join Date
    Oct 2014
    Posts
    4

    Default Re: Breach of Trust with Intent to Defraud

    Is this a Criminal or Civil matter?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Breach of Trust with Intent to Defraud

    from what you have posted, still likely to be civil but obviously it will be determined by all the facts.



    fraud can be a civil or criminal matter. It just depends on the facts.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Breach of Trust with Intent to Defraud

    Quote Quoting DKC73
    View Post
    I did use the cars for personal use ALONG with the company use - but I did not rent the cars with the Intent to Defraud. The charge is a Criminal Charge of Breach of Trust with the Intent to Defraud. Although I may have used the rentals in a combonation of Business/Personal use it wasn't to "Defraud" my employer or anyone else.

    - - - Updated - - -

    When my project would be delayed for a few days I did drive the car for personal use locally - and as soon as I flew back out I returned the Rental as scheduled. I can see this as a Civil Matter but how is this Criminal? There was no intent of Fraud.
    Hold on. Are you saying the courts are already inclvolved with this, as in the criminal courts, like there are pending charges?

    if so, shut up and get a lawyer.

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