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  1. #11
    Join Date
    Sep 2011
    Location
    OH10
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    17,019

    Default Re: Embezzlement from an Employer by Misuse of a Gas Card

    LOL, the city is not going to ask. They are going to prosecute you fully if you do not voluntarily repay them. Credit card fraud is the most likely charge you will be found guilty of along with a restitution order. One charge for each time.

  2. #12
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Embezzlement from an Employer by Misuse of a Gas Card

    Quote Quoting andy1
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    Is it possible for the city to request reimbursement without pressing charges?
    It is certainly possible that the city would seek only reimbursement but not pursue criminal charges. How likely that is to happen here I cannot say since I don't know the people who would make that decision nor do I know all the potentially relevant facts. All you can really do at this point is consult a criminal defense attorney so you can be prepared should the city decide to prosecute you and see about starting to get the money together to repay the city. Repaying the city promptly probably would go a long way towards helping your situation, though of course I cannot guarantee how that would play out either.

  3. #13
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Embezzlement from an Employer by Misuse of a Gas Card

    Quote Quoting andy1
    View Post
    Is it possible for the city to request reimbursement without pressing charges?
    The city can demand reimbursement and still report the crime for prosecution.

    You have no leverage here.

    Your consequences occur at the pleasure of the police chief.

    You might limit the consequences if you pay all the money right now, profusely apologize, and beg for forgiveness.

  4. #14
    Join Date
    Sep 2013
    Posts
    312

    Default Re: Embezzlement from an Employer by Misuse of a Gas Card

    Quote Quoting andy1
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    Is it possible for the city to request reimbursement without pressing charges?
    Why does this matter? You stole from the Policy department and City. You shouldn't even be posting on these forums right now, pay them back. You're going to have to eventually.

  5. #15
    Join Date
    Nov 2015
    Posts
    5

    Default Re: Embezzlement from an Employer by Misuse of a Gas Card

    Quote Quoting Taxing Matters
    View Post
    It is certainly possible that the city would seek only reimbursement but not pursue criminal charges. How likely that is to happen here I cannot say since I don't know the people who would make that decision nor do I know all the potentially relevant facts. All you can really do at this point is consult a criminal defense attorney so you can be prepared should the city decide to prosecute you and see about starting to get the money together to repay the city. Repaying the city promptly probably would go a long way towards helping your situation, though of course I cannot guarantee how that would play out either.
    To be more specific, legally can they do that? Like order restitution without a court order.

    I still have not brought up restitution, and still have not been called... I'm worried but at the same time relieved.

    And its not like i'm trying to avoid paying this back, ill gladly write a check and get it over with. I'm worried a criminal charge is going to ruin the next 20 years of my life, because of my poor decisions.

  6. #16
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Embezzlement from an Employer by Misuse of a Gas Card

    What law do you believe exists that prohibits them from demanding restitution without a court order?

  7. #17
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Embezzlement from an Employer by Misuse of a Gas Card

    Quote Quoting andy1
    View Post
    To be more specific, legally can they do that?
    Understand that theft results in two potential legal issues for the thief. First, of course, the thief may be criminally prosecuted for the theft. The result of that could be jail or prison time, a fine, community service, probation, etc., depending on the applicable state law. In addition to that, in many states the court may order the thief to pay restitution to the victim.

    The second legal issue is that the thief is liable to the true owner of the property to return what was taken or the value of it. In this case since what was taken was money, the city could certainly sue you for a judgment in the amount of the money you improperly charged on the credit card.

    The city may pursue the criminal prosecution, the civil lawsuit, or both. In general, however, the city won’t be able to collect twice for restitution here. So if you were ordered to pay restitution in a criminal case and paid it, the city would not succeed in suing you for a civil judgment for that same amount. Similarly, if you have already repaid the amount you took from a civil claim the city would not get an order of restitution in the criminal case (though you still might get hit with a fine, which is paid to the state as punishment for the crime rather than paid to the victim as compensation for the loss).

    While it would take a court order to force you to repay if you don’t voluntarily cough it up, it doesn’t have to be a restitution order in a criminal case. It could be simply a civil judgment that the city pursues if it elects not to go the criminal route. You can bet, though, that the city will want its money back and will likely take some legal action to get what it is owed, whether by criminal prosecution, lawsuit, or both.

  8. #18
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Embezzlement from an Employer by Misuse of a Gas Card

    I would have the money ready to pay back and also find a good lawyer. Ultimately it's gonna be up to the city if they want to prosecute or not,maybe a lawyer can help them not press charges. If they do charge you it looks good that the money is paid back.

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