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  1. #1
    Join Date
    Jan 2009
    Posts
    2

    Default Theft of Company Funds

    My question involves criminal law for the state of: Florida
    THis is a complicated situation so I will try to make a long story short. I worked for a local small business for nearly 30 years. LAst year I was laid off due tot he economic situation. The owner of the business had not taken any responsibilty for her business for nearly 10 years. After she started drinking severly and did not come to work for 2 weeks straight she took me to the bank and signed a corporate authorization letter and put my name of the company checking account. For the next 10 years, I basically completely ran the business on my own. There were only 2 employees. I did all of the accounting and bookkeeping and whatever else needed to be done to continue to keep the business open.
    Due to the failing economy, the business started to have serious financial issues and I spoke with both the owner and her daughter ( who had guardianship of her mothers affairs and her mother's power of attorney) and they both told me on numerous occasions to do whatever I had to to keep the business operating. Taking out a loan was not possible because our credit rating had fallen due to the financial crisis- We (the 2 employees) even worked weeks at a time without drawing paychecks and taking the checks when the money in the bank would allow it. In order to keep the business running I did what I thought was the only thing possible. I used my personal credit cards to pay company funds, and then paid the credit card bills from the company checking account when the funds were available, and I never paid the interest, usually just the monthly minimum payments until the balance for mthe business was paid off. I never took money that was not charged for company expenses and I did not pay any of my personal charges.
    Last year, after my lay off I got a call from a detective who asked me to voluntarily meet with him to answer some questions. When I arrived he informed me that I was being investigated for theft of comapany funds because I was never authorized to charge anything for the company on my personal credit cards and reimburse myself for the charges. Today I got a call from him again and he told me that he needs copies of all of the credit card receipts. The problem is that they are all in the company's records and computer. I would have no reason to keep them because they were not my charges, they were company charges. He told me that it is my responsibility to provide them not the companys. The problem is that since losing my job I have filed for bankruptcy and all of those accounts are closed and I have no access to them. Two questions- with a corporate authorization did I need verbal approval for every charge that I made and is it my responsibilty to produce those reciepts? I am really concerned and scared because he told me that there are 250 charges he could file against me each carrying 5 years in prison. Oh yeah, the owner of the business is not the one who initiated the investigation it was her daughter and that was only after the other emplyee was also fired, did not recieve unemployment and left the daughter alone to run a business she knew nothing at all about.

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Theft of Company Funds

    Two questions- with a corporate authorization did I need verbal approval for every charge that I made and is it my responsibilty to produce those reciepts?
    Yes. How else would the business be able to balance the books? You can't just say you spent x.xx amt of money without proving that you did.
    I am really concerned and scared because he told me that there are 250 charges he could file against me each carrying 5 years in prison.
    As you should be. Even if he had one charge against you, you should NOT SAY ANOTHER WORD TO HIM!!!! Get a lawyer and YESTERDAY.
    Oh yeah, the owner of the business is not the one who initiated the investigation it was her daughter and that was only after the other emplyee was also fired, did not recieve unemployment and left the daughter alone to run a business she knew nothing at all about.
    This really has nothing to do with anything. The daughter has POA as you pointed out. Her responsiblity is to have the books reviewed and report any inconsistancies to the proper authorities. The police have investigated and found a reason to charge you. I will repeat again, get yourself an attorney.

    You also should contact your bankruptcy attorney, they may have a copy on file of your cc statements. Its a long shot but a shot. I would also call the cc company that you used and do what I could to move mountains to get this fixed.
    That or get used to the idea of prison life.

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