Former Employer Knowingly Filed a False Police Report Resulting in Employee's Arrest

[jk]

Re-read the initial post. The company did not cooperate with the prosecutor (most likely because the company knew darned well that they had no grounds to have the OP arrested) and the DA dismissed the case. It was also the Director of HR that called the police and made the accusation, and I would guess that the Director of HR did not really have the authority to do that...which likely contributed to the lack of cooperation as well.

However, my real question to Free9man was what factor makes a card a company card when it was obtained in the name of the person, using the credit of the person, and is billed personally to the person at their address? Free9man stated that there are company cards that work that way, and I am asking what factor is it that makes them company cards? I have simply never heard of something like that.

So what? It would never have gotten to a stage where subpoenas were issued if it was so easily shown the account was owned by the op.


And a complainant does nkt have a person arrested. A complainant or victim files a complaint or report. At that point whether the police can even arrest the person doubtful. It most often has to be presented to a court, either by the police or the prosecutor (and this sort of case is almost assuredly going to be referred to the prosecutor by the police) where a warrant to arrest the person is issued, if there is probable cause shown. Most prosecutors are not going to seek an arrest warrant without some valid support for a complainants statement. If the employer refused to cooperate from the get go it’s mkst likely a prosecutor would never file charges and seek a warrant for their arrest.

[free9man]

Its under the OP's credit, the bill goes to the OP's house. How is it a company card? What factor makes it a company card in that scenario?

I don't pretend to understand how it all works nor do all of them work that way. I have held multiple company cards. All of them required running my personal credit and had my name on them. The bill did not come to my home in those cases though. My brother has had 2 corporate amex cards. Both had his name on them and both sent the bills directly to his home. He paid the bill and expensed any business related charges.

[hr for me]

My husband has also had company credit cards with his name on them where the company is responsible to pay the balance. He gets the statements but then he has to track the charges against company codes to actually get reimbursed for them. When he left that company he was required to turn in that credit card. Even though it was in his name his credit had been checked and the company’s name was not on it directly. So it is very possible the OPs credit card was at least linked to the company/employer even with the details he or she provided.

There actually quite a few people who can’t get credit cards due to their own credit without the backing of the employer even when they check the employees credit.

Honestly somehow there’s more to the story than the OP is stating. Because I agree no cops or DA are going to go further with the complaint without further facts

[cbg]

I think it depends on the credit card company whether the bill goes to the employee's home or the company. I had at least one where the bill came to my house and another where the bill went to the office. I can't remember which one was which but one was Amex and one was a bank card.

[Taxing Matters]

Its under the OP's credit, the bill goes to the OP's house. How is it a company card? What factor makes it a company card in that scenario?

If you are assuming that because the bill goes to the OP’s house it is automatically not a company card then that assumption may be wrong. There is no rule anywhere that says a company card cannot be billed to the employee first. The company could still be on the hook for the charges on the card regardless of where the bill is sent. When I worked in the field for the IRS I was issued a government credit card. It had my name on it and the bill came to my residence and I paid that bill with reimbursement from the government. If I failed to pay it, the government had to pay it. I was warned when taking out the card that (1) no personal charges were allowed on that card and (2) that I was expected to promptly pay the bill each month. A violation of either of those could lead to various adverse consequences, including termination and/or possible criminal prosecution. The fact that the bill was initially sent to me did not make it my personal credit card. The government also got copies of the bills and periodically audited the accounts. It was a government credit card, and those employees who treated it like a personal card paid dearly for doing it.

There are enterprise/corporate card accounts that work the same way. The employee's name is the on the card and the initial bill goes to the employee. But the organization is the one that obtained the card and is the one that is ultimately liable for paying it. Some of my clients operate their employee credit card systems that way.

[Shesmiles123]

The credit card company in writing told the DA that the card was mine and I was exclusively liable. Don't get me started on the cops that had me charged failed during the investigation to validate who's card it was prior to submitting to the DA. The police evidence was merely video of me using my card. The DA dismissed the case for two reasons 1. Prior company refused to respond to subpoenas and refused to cooperate at all. 2. The Credit card validated company was not liable at all that it was my card.

There is nothing missing.

It is factual that this charge was brought on me without merit or evidence. A statement by the HR DIRECTOR. The only produced evidence was the video surveillance of me using the card. The cops failed to validate ownership of the card before jumping to charging me. I have no prior arrest history at all. Had the cops did more than run around the state collecting video surveillance on me using my card and actually validated who was liable before submitting to the DA my life would not have been ruined. Now the DA just says oops and dismisses charges without prejudice. If you think innocent people don't get screwed and are charged for crimes without evidence you are wrong

I was a corporate trainer of other nurses for a large minority owned company that required travel

[jk]

The credit card company in writing told the DA that the card was mine and I was exclusively liable. Don't get me started on the cops that had me charged failed during the investigation to validate who's card it was prior to submitting to the DA. The police evidence was merely video of me using my card. The DA dismissed the case for two reasons 1. Prior company refused to respond to subpoenas and refused to cooperate at all. 2. The Credit card validated company was not liable at all that it was my card.

There is nothing missing.

It is factual that this charge was brought on me without merit or evidence. A statement by the HR DIRECTOR. The only produced evidence was the video surveillance of me using the card. The cops failed to validate ownership of the card before jumping to charging me. I have no prior arrest history at all. Had the cops did more than run around the state collecting video surveillance on me using my card and actually validated who was liable before submitting to the DA my life would not have been ruined. Now the DA just says oops and dismisses charges without prejudice. If you think innocent people don't get screwed and are charged for crimes without evidence you are wrong

I was a corporate trainer of other nurses for a large minority owned company

so did the police seek the arrest warrant (from the court) or did the prosecutor? If the prosecutor then the decision was wholly determined by the prosecutor. If the police obtained the arrest warrant then Apparently a judge agreed there was probable cause for the arrest.

Maybe you need to start with the affidavit supporting the request for a warrant for your arrest. Read it and find out what was the claimed pc that allowed the judge to issue the warrant for your arrest.

The fact the charges were dismissed WITHOUT prejudice is suggestive there is at least some supporting evidence for the claim of your employer. It would allow a reinstatement of the charges, I presume, if the employer does decide to cooperate with the prosecution.

So just whom do you suggest is to blame here?

[Shesmiles123]

My error, it was just dismissed as Nolle Prosse. My wording was incorrect. It was NOT without prejudice. Police sought the charges based on complaint and video surveillance nothing else. I blame the company for lying and the cops for not checking with the credit card company to validate ownership.

[cdwjava]

The police would have forwarded the matter to the DA for evaluation. That's what they do. It is also possible that the police could not get info from the credit card company as these companies often shut down to police requests for info absent a search warrant, or, at least a subpoena. And depending on the laws of your state, one or both of those options may not have been readily available to an investigating agency.

It is not uncommon that if the police are stymied, and a crime is alleged where there exists even minimal probable cause, they forward the matter to a prosecutor in order to CYA. That way if the DA chooses not to file (as appears to be the case here) the police can say they did their job and the DA chose not to pursue the matter.

[Shesmiles123]

You would think they would have gotten the search warrant before just arresting someone based on the complaint. They literally traveled the entire state to obtain video surveillance as I traveled for the job that was their evidence. As a daughter of a retired cop I am appalled that cops do not do their do dillegence before arresting someone. I was on my new job and the detective went to that job talked to my boss and when I came in the next day I was let go with severance. The cop never tried to question me before arresting me. Additionally the company that filed the complaint went to the Sheriff's department in the county where they are located and were told they would not pursue charges and suggested they try the county to which I reside (it's 15 minutes away) my county decided to run with it.