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  1. #1
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    Default Grand Theft and Forgery Charge

    My question involves criminal law for the state of: California.

    A friend (no priors) stole from his employer, a significant sum, lets say more than 100k but less than 200k, from a private, very large corporation. He forged time cards. Upon being caught by authorities at the company, he confessed, hoping to pay restitution and right his wrongs. The corporation never contacted him and the friend's lawyer advised him to "not stroke the fire."

    3 years and 10 days later, said corporation files grand theft and forgery charges. Friend is arrested. My questions are:

    1) Because forgery has a 3 year statute isn't there some ground for dismissal? Is this a clear cut grand theft situation or could it be argued that this is a case of fraud (3 year statute where theft is 4 year).

    2) If the friend begins to pay them back a monthly amount and continues to do so until the full restitution is paid, and has no priors, what would you expect punishment to be? (Maybe it can be reduced to misdemeanor? Also, does the initial confession help his case?)

    Any advice would be greatly appreciated.

  2. #2
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    Default Re: Grand Theft and Forgery Charge

    Presumably the prosecution is taking the position that the statute is tolled by the statutory discovery rule.

    Your friend needs to discuss possible plea bargains and sentences with his lawyer.

  3. #3
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    Default Re: Grand Theft and Forgery Charge

    Thanks for your response. The confession is at the point of discovery so it is still outside of the statute of 3 years.

  4. #4
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    Default Re: Grand Theft and Forgery Charge

    There are a number of possibilities that can provide for a longer SOL. It may also be possible that charges were filed earlier, though an arrest was not made until 10+ months after charges were made. Instead of trying to find an out for your friend, he should consult legal counsel immediately and let him or her address the issue.

    Paying back the amount of stolen funds does not prevent a criminal prosecution. If the employer agrees to allow this in lieu of pursuing criminal charges, then they may have converted the whole thing to a civil issue rather than a criminal one, but, again, if this happened this is something for your friend's attorney to address.

  5. #5
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    Default Re: Grand Theft and Forgery Charge

    Thanks cdwjava. Charges were filed 3 weeks before arrest so it definitely wasn't 10 months....and the filing of the charges came 3+ years after point of discovery. He does have legal counsel, though he is growing frustrated with the lack of defense preparation.

    I was just seeking alternate opinions.

  6. #6
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    Default Re: Grand Theft and Forgery Charge

    Quote Quoting flyinlynx
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    Thanks cdwjava. Charges were filed 3 weeks before arrest so it definitely wasn't 10 months....and the filing of the charges came 3+ years after point of discovery. He does have legal counsel, though he is growing frustrated with the lack of defense preparation.

    I was just seeking alternate opinions.
    There could be any number of theories that might extend the SOL beyond three years including differing charges. Certainly the DA knew of the length of time that has passed and still thought they could make the case. So, your friend has to work under the assumption that the state has a case to bring forth and work from there.

  7. #7
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    Default Re: Grand Theft and Forgery Charge

    The main question I have, and something I've been unable to find, is what is the statute of limitations for embezzlement (503PC) in California? I have seen multiple, confusing responses. Is it 3 years? Or are people who embezzle just charged with grand theft (487a) and stuck with a 4 year statute?

    I'm trying to navigate the technical complexities of defining fraud, embezzlement, and grand theft.

  8. #8
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    Default Re: Grand Theft and Forgery Charge

    Quote Quoting flyinlynx
    View Post
    The main question I have, and something I've been unable to find, is what is the statute of limitations for embezzlement (503PC) in California? I have seen multiple, confusing responses. Is it 3 years? Or are people who embezzle just charged with grand theft (487a) and stuck with a 4 year statute?

    I'm trying to navigate the technical complexities of defining fraud, embezzlement, and grand theft.
    Depending on the facts it could be any or all of those.

    Stop trying to decipher whether or not the SOL has expired. Consult an attorney and let them sort through it. If charges are pursued, you will be arraigned on specific statutes. Embezzlement will almost certainly fall back on the assorted theft statutes (PC 484 et seq.) with regards to the SOL issues. There are a number of theories that can extend the SOL beyond the typical three year range. Unless you can somehow get the DA to explain his or her thinking on the issue to you, don't try to second guess it yourself. Consult an attorney today.

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