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  1. #1
    Join Date
    May 2008
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    Default Theft Charges On Behalf Of A Corporation

    My question involves criminal law for the state of: Maryland

    None of this is about me, it is about people I know. I apologize if the details are a little sketch for this reason.

    I work for a major retail store. I used to have a Supervisor who was twice accused of theft there. The first time, there was no evidence and he fully admitted he was the last person to see the item.

    The second time, the same thing. He admitted to being last person seeing said item and was placed on leave. Both times involved the same type of item of value around $2000. First time was new, second time was defective item.

    Here is where it gets interesting.

    Said Supervisor works for the Gov and has a TS/SCI clearance. Any accusal of theft would result in an inquiry and submission to a lie detector. Since there was no evidence to support that he had stolen the items, the company did not contact his Gov employer.

    However an employee did. Someone who used to work under this Supervisor was the one who review the tapes and pointed the finger. He also contacted the Gov employer and notified them of the suspicion of theft. Since the lie detector was passed and the company had no evidence, he was not fired from either job, but separated from the retail store.

    Now a co-worker has alerted me that the said employee has file criminal charges against his former supervisor. When I read the docket it shows him filing for theft of property under $500 also for theft of property for over $500.

    I am trying to figure out if this is legal. How can an employee of a company accuse another employee of theft and then when cleared, file his own criminal charges on behalf of that company. Considering it was not even his property.

    Any thoughts are appreciated.

  2. #2
    Join Date
    Mar 2005
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    Default Re: Theft Charges On Behalf Of A Corporation

    How do you know the theft charge relates to items stolen from the company?

  3. #3
    Join Date
    May 2008
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    Default Re: Theft Charges On Behalf Of A Corporation

    The way I know is by the date in question on the docket corresponds with the date that the second item disappeared.

  4. #4
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    Default Re: Theft Charges On Behalf Of A Corporation

    See if you can get a police report.

  5. #5
    Join Date
    Nov 2007
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    811

    Default Re: Theft Charges On Behalf Of A Corporation

    ...never known someone with a TS/SCI taking a job in retail...
    ...interesting.

    The last thing I would want is a bunch of catty retail employees talking to a DSS or OPM agent when they barely worked with me. Working in a department store is like working in high school (I used to work out of a loss prevention office for a department store...it's very much like high school).

    I would worry that having a second job would cause the agent to question my monetary health. If I needed a second job do I have the money I need or can someone buy me off. Granted, it takes an arm and a leg to live in the DC metro unless you are management or a Beltway Bandit.

    If your friend gets a police report (or you get it; it is a public record) then you will have a good idea of why they were charged.

  6. #6
    Join Date
    May 2008
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    3

    Default Re: Theft Charges On Behalf Of A Corporation

    I do not know if a police report was ever filed. The company said "This disappeared", he said, "I was the last one to touch it". That and no video evidence to back it up.

    This is the info I pulled from the Maryland Judiciary Case Search

    Case Information
    Court System: DISTRICT COURT FOR HOWARD COUNTY - CRIMINAL SYSTEM
    Case Number: *edit* Tracking No:*edit*
    Case Type: CRIMINAL
    District Code: 10Location Code:01
    Document Type: SUMMONSIssued Date:05/09/2008
    Case Status: ACTIVE
    Defendant Information
    Defendant Name: *edit*
    Race: WHITE
    Sex: MHeight:604Weight:190DOB: *edit*
    Address: *edit*
    City: *edit* State:MDZip Code:*edit*
    Court Scheduling Information
    Trial Date: 07/09/2008Trial Time:08:45 AM
    Trial Type:
    Trial Location:3451 COURTHOUSE DR ELLICOTT CITY 21043-4377
    Charge and Disposition Information
    (Each Charge is listed separately. The disposition is listed below the Charge)
    Charge No: 001Description:THEFT: $500 PLUS VALUE
    Statute: CR.7.104Description:THEFT: $500 PLUS VALUE
    Amended Date: CJIS Code:3 0521MO/PLL:Probable Cause:X
    Incident Date From: 04/06/2008 To: 04/06/2008 Victim Age:
    Charge No: 002Description:THEFT:LESS $500 VALUE
    Statute: CR.7.104Description:THEFT:LESS $500 VALUE
    Amended Date: CJIS Code:3 5010MO/PLL:Probable Cause:X
    Incident Date From: 04/06/2008 To: 04/06/2008 Victim Age:
    Related Person Information
    (Each Person related to the case other than the Defendant is shown)
    Name: *edit*
    Connection:COMPLAINANT
    Name:*edit*
    Connection:ASSISTANT STATES ATTORNEY
    Address: STATE'S ATTY'S OFFICE
    3451 COURTHOUSE DRIVE
    City: ELLICOTT CITY,State:MDZip Code:21043 - 0000
    Event History Information
    Event Date Comment
    SUMI 05/09/2008 SUM ISSUED 080509 AGENCY:CB 13

    Sorry if it is hard to read.

  7. #7
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    Default Re: Theft Charges On Behalf Of A Corporation

    Charges don't get filed by magic. There had to be a report of a crime, followed by an investigation, followed by a prosecutor's determination that there was sufficient cause to prosecute. We know less about the case than you do, and we're not psychics - if you want to know what happened, you're going to have to dig around.

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