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  1. #1
    Join Date
    Feb 2016
    Posts
    2

    Default On Diversion for Return Fraud, but Guilty of Many More Offenses

    My question involves criminal law for the state of Florida.

    Context first. A friend was in a highly toxic relationship and told by his therapist "I'm not one to advocate separation but there are things far worse than divorce. If you continue questioning your own judgement you'll be institutionalized in 2 months". Well, fortunately his wife left but the stage had already been set for psycosis. He wasn't coping. Savings were exhausted and he could no longer perform his job (outside sales). He lost the house but not his car. Somehow he found out how to do fraudulant returns. He told me "at first I said to myself 'it's just a loan, I'll pay them back when I get better mentally'" but he wasn't getting better. Days turned into weeks. Weeks turned into months and before he realized it he had taken 3 chains for somewhere between 10-15K! It'sounds inconceivable to me! Those are just ballpark estimates. He didn't keep track of it. He was only caught ONCE and it frightened him. He snalped out of it, reentered the work force, is doing medication management and back to his former self ..... only his soul is in turmoil :-( These acts were completely contrary to his nature and he wants to restitute it, but how.

    He went to court. The judge took one look at him and said "you don't belong here". He has no history of such things. They assigned him to Pre-trial Diversion, a rehabilitative program. Apparently he has to do some community service, pay some fines and take a class on impulse control. Once it's done they'll dismiss the charges. Trouble is, they only know of 1 incident. He said "I did it repeatedly, maybe 30 heists ... who knows".

    Here are my questions:

    How serious is the offense and what are the possible consequences of confessing?

    Is this something he can resolve civilly without being prosecuted?

    Would he be wise to seek legal counsel BEFORE making such an attempt? I would imagine an attorney would refuse to represent him when no charges have been formally made.

    He said he's not asking for the debt to be forgiven. He will gladly pay it, WITH INTEREST. He just doesn't want to go to prison because:

    1.) there are others that depend upon him for support and
    2.) he has obligations to his employer who had compassion on him.

    Any advice would be greatly appreciated.

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Return Fraud 10-15k

    Attorneys will gladly take your, I mean your friend's, money even before charges are filed.

    Talking to an attorney first would be a good idea. If he hasn't been charged with all the fraudulent returns, it may be best to let sleeping dogs lie. Stay out of the stores he stole from.

    If he is charged, he could be looking at felony charges depending on the circumstances. If he is charged, he should not speak to anyone about this except an attorney.

  3. #3
    Join Date
    Feb 2016
    Posts
    2

    Default Re: Return Fraud 10-15k

    Quote Quoting free9man
    View Post
    Attorneys will gladly take your, I mean your friend's, money even before charges are filed.

    Talking to an attorney first would be a good idea. If he hasn't been charged with all the fraudulent returns, it may be best to let sleeping dogs lie. Stay out of the stores he stole from.

    If he is charged, he could be looking at felony charges depending on the circumstances. If he is charged, he should not speak to anyone about this except an attorney.
    Thank you for responding. He's afflicted when he thinks of the moral ramifications ... it isn't enough to recognize you've done wrong ... one must confess, forsake and restore (if possible) in order to be truly repentant. It's left a stain on his conscience and a canker in his heart.

    I told him to save up the money owed and to go in with a cashier's check issued to the institution. Make a verbal admission but nothing written. He said "I can't logic my way out of this one". Perhaps not but ..... I'd certainly exercise caution. I don'the think he's privvy to the knowledge that it's a FELONY, woahhh. That stays on your record and could hinder your future.

    So he could serve jail time even though he was never caught and pays damages???

  4. #4
    Join Date
    Jul 2014
    Posts
    441

    Default Re: Return Fraud 10-15k

    10-15 k isn't something that I would just forget about.

    The right thing to do is make restitution. Besides that, at that level of activity there is a good chance that there is an active investigation. It would be far better for him to come forward than to have a search warrant served on him. While jail isn't usually likely for shoplifting, if this person is into multiple companies for 10-15k, I'd say PRISON, for years, not months, is very likely if caught. The individual involved should get an attorney and then proceed with the attorney's guidance. An attorney will be able to approach retailers, the police, and prosecutors with an offer of restitution on the condition that charges are not filed, or that minimal charges are filed.

    This person should get an attorney NOW and take steps to mitigate this before there is a knock on the door and he's facing 3 years in prison.

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