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  1. #1
    Join Date
    Oct 2014
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    4

    Default Breach of Trust with Intent to Defraud

    South Carolina: I recently quit my familys business due to internal integrity issues within their management. My Cousin is retaliating by filing a charge against me called "Breach of Trust with Intent to Defraud", claiming that while employed there I used Rental Cars for personal use through the Central Billing of National Rental Car. I would rent a car and drive it 2 hours home from the Airport then return to the Airport, turn the car in and fly back out to various projects. I did not rent the car for personal use. Is this a Criminal matter?

  2. #2
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Breach of Trust with Intent to Defraud

    to be clear, these rentals were expensed to the business when you were flying for the business, correct?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Breach of Trust with Intent to Defraud

    I would rent a car and drive it 2 hours home from the Airport then return to the Airport, turn the car in and fly back out to various projects. I did not rent the car for personal use.
    not sure of what you were doing. Do you mean you would go home and stay for some period of time and then when needed, return to the airport and fly to the various projects? How long are you talking about between returning home and then back to the airport. Unless it was nearly immediate, then yes, the use of the car, at least for the time it was at your home, could be considered personal use.


    is it criminal? Probably not.

  4. #4
    Join Date
    Oct 2014
    Posts
    4

    Default Re: Breach of Trust with Intent to Defraud

    I had a profile as an Member of National Rental Car in which I could reserve online (no credit card needed as the company used a Central Billing contract with National). I would go into my profile that I had Authorization to do so and reserve a Car which would be waiting on me at the Airport.

    - - - Updated - - -

    There were a few times when I would drive the Rental Car home on a late Friday night with intentions on heading back to the Airport on Sunday night to return to my project, a few times it was delayed a few days so I went to the office with the Rental on Monday morning clearly using the vehicle for work purposes then back to the Airport on Tuesday to fly out.

  5. #5
    Join Date
    Sep 2012
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    1,991

    Default Re: Breach of Trust with Intent to Defraud

    did you or did you not use the company rental car for non-business purposes?

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: Breach of Trust with Intent to Defraud

    Quote Quoting DKC73
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    There were a few times when I would drive the Rental Car home on a late Friday night with intentions on heading back to the Airport on Sunday night to return to my project, a few times it was delayed a few days so I went to the office with the Rental on Monday morning clearly using the vehicle for work purposes then back to the Airport on Tuesday to fly out.
    if you used it while it was at your house for running to the store or anything else not work related, then it was for personal use.

    I have a hard time believing this is about you using a car to run to the store though. Even a court would not likely see an issue with such use determining it to be de minimus and as such, so trivial as to not have damaged the company enough to concern the court with the issue.

    is there something more to the situation?

  7. #7
    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.

  8. #8
    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.

  9. #9
    Join Date
    Oct 2014
    Posts
    4

    Default Re: Breach of Trust with Intent to Defraud

    Is this a Criminal or Civil matter?

  10. #10
    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.

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