View Full Version : Being charged with embezzlement - scared and need support


sarahbear710015
01-31-2006, 08:57 AM
i am a new member and i belive i am going to be charged with embezzlement from my former employee. I really have no knowledge on this subject and i am very scared. When will they come and arrest me and charge me??? I feel like i am looking out my window waiting for them to come get me, do they come to your house and arrest you and how long am i going to jail for. if anyone can shed some like or experience to my situation please help

kennyD
01-31-2006, 05:06 PM
Don't worry, when they come they come.
As far as embezzlement, I personally don't think it is that bad.

In fact saw on ABC last night, that a former Sr. Officer at MCI embezzled more than 6 million dollars of customer's money. He as charged, pled guilty and convicted, sentenced to 6 years in federal prison.

Just relax, live your life, and take it one day at a time.

scarlettmom7872
01-31-2006, 05:44 PM
If you are certain they are going to issue a warrant, it would be best to get an attorney. That way, you can do a "book in/book out". Meaning more than likely your attorney will come with you, and you will have already made arrangements for bail. This way you can be in and out in a matter of hours.
I have used an attorney for that several times. (that way also you don't have to wait to see the judge and magistrate and all that crap).

Good luck to you. I know someone embezzeled, and she just got probation and probably some restitution.

laurak
01-31-2006, 06:40 PM
Sarah - Been there done that! Get a lawyer! Are you sure that they know of the "alleged" embezzelment?

I am fairly new here too, I have been charged and my attorney is working on a plea deal...this is my second so I pretty much know the ins and outs at least up until sentencing. Last Time I got probation, this time I will not!

First of all, get a lawyer, if you are certain they have discovered something the lawyer can even try and negotiate with the "Victim".

I will be glad to answer any questions I can.

JulieD
02-01-2006, 07:38 AM
I plead guilty to grand theft by means of embezzlement. Mine was for $187k and the DA wants 2 years in state prison. I am a first time offender.
I was fired from my job in may and I waited and waited to be arrested. I was scared all the time that they were coming and they finally did 4 months later! They came to my home on a friday night and I was held until tuesday morning. I know this is a scary time for you, but try not to worry too much. If and when you are arrested just remember not to say anything without an attorney!!!! Please remember this. The detective in my case used to call me at home and he was so nice and told me that we could work something out. They will lie to you and tell you anything they want- don't fall for it. If you can't afford an attorney, wait until the court appoints one for you- remember this is your right.
Without knowing some of the details on your case, it is hard to tell you what may happen. It all depends on the amount you took and the evidence they have. Is it a first time offense?
You have come to the right place. You will find alot of people going through the same thing and you will get alot of support here.
Stay strong!!!!

peacewithin
02-01-2006, 08:03 AM
Sarah - Two years ago, I was arrested for taking money from my employer also - $150,000 (The owners son and I had an affair and were both doing it) But it was a long road from arrest to receiving my plea agreement - ten months.

I live in such a little town and I was the first case for the newly elected prosecutor but I believe I received a fair deal. What she wanted to see was that I paid back the money. I had to have $100,000 paid back within a year - before the Judge would accept my plea. I pled guilty to a Class C Theft Felony charge, did 10 months in a County Jail with work release, six months house arrest and one year probation. Actually, I was sentenced to do a full year in jail, two years on house arrest and two years probation, but I modified my sentence after the fact.

All of my assests were frozen, the police did a search on my home to make sure that I did not have any of the money hidden, or any hidden bank accounts. It was the worst year of my life --- but now I have that behind me - except I still owe the insurance company $50,000 and I am negotiating that.

Get a good attorney - mine cost $20,000 but was well worth it.
If you need someone to talk - pm me. Take care of yourself -

Martha2
02-01-2006, 08:56 AM
You have been given good advise. I believed the Agents and talked and talked without an attorney...and they lied and lied. I had never had any dealing with the law so I thought if I just tell them the truth no big deal, I don't need an Attorney, that will only make me look guilty! Do Not talk to anyone but your Attorney about your case (except here and pm if you are going to be specific) get a good Attorney and let him do the takling. I am new here and don't know the rope like these folks do. I only wish I had found this site prio to my arrest. I have been sentenced to 5 months at Coleman Camp and 5 month home confinement(electric monoriting and 2 year probation). I did not let them come and get me I went to the US Marshalls office and surrenendered my Attorney was there and I was out on bond a short time later.

tinkr30
02-01-2006, 08:59 AM
Sarah - Two years ago, I was arrested for taking money from my employer also - $150,000 (The owners son and I had an affair and were both doing it) But it was a long road from arrest to receiving my plea agreement - ten months.

I live in such a little town and I was the first case for the newly elected prosecutor but I believe I received a fair deal. What she wanted to see was that I paid back the money. I had to have $100,000 paid back within a year - before the Judge would accept my plea. I pled guilty to a Class C Theft Felony charge, did 10 months in a County Jail with work release, six months house arrest and one year probation. Actually, I was sentenced to do a full year in jail, two years on house arrest and two years probation, but I modified my sentence after the fact.

All of my assests were frozen, the police did a search on my home to make sure that I did not have any of the money hidden, or any hidden bank accounts. It was the worst year of my life --- but now I have that behind me - except I still owe the insurance company $50,000 and I am negotiating that.

Get a good attorney - mine cost $20,000 but was well worth it.
If you need someone to talk - pm me. Take care of yourself -



Let me guess, the son did no time!

Denise

peacewithin
02-01-2006, 09:47 AM
You are exactly right!!!! None - what so ever --

When the bank went to the owner and the son - they did try to protect me he went to the Sheriff and said he did not want to press charges against me - that they just needed a police report for the insurance company - then the State picked it up from there. But the Sheriff could not understand why he did not want to press charges on me -- but soon found out - because of the affair. He did not want that out in the public.

But I can say that when my sentence modification went to the Judge and it had to be approved by them - and they had no problem with it.

It was upsetting because the son gave me sooo much money on my paycheck - and then he saw all the adjustments that I did every month - and everyone kept saying "how could they NOT know that $150,000 was missing". And he paid himself sooo much money too.

I did wrong and admitted it - and I lost everything that I owned to pay back the money and did time for my crime ---
but he did NOTHING and went on with his life ----
AND GET THIS --- as soon as I was out --- guess who was calling me to meet him???!!!!!

I am such a stronger person from this.

Connie

onetim1
08-29-2009, 11:03 AM
Sarah - Been there done that! Get a lawyer! Are you sure that they know of the "alleged" embezzelment?

I am fairly new here too, I have been charged and my attorney is working on a plea deal...this is my second so I pretty much know the ins and outs at least up until sentencing. Last Time I got probation, this time I will not!

First of all, get a lawyer, if you are certain they have discovered something the lawyer can even try and negotiate with the "Victim".

I will be glad to answer any questions I can.

How much did they claim you embezzled?

onetim1
08-29-2009, 11:06 AM
I plead guilty to grand theft by means of embezzlement. Mine was for $187k and the DA wants 2 years in state prison. I am a first time offender.
I was fired from my job in may and I waited and waited to be arrested. I was scared all the time that they were coming and they finally did 4 months later! They came to my home on a friday night and I was held until tuesday morning. I know this is a scary time for you, but try not to worry too much. If and when you are arrested just remember not to say anything without an attorney!!!! Please remember this. The detective in my case used to call me at home and he was so nice and told me that we could work something out. They will lie to you and tell you anything they want- don't fall for it. If you can't afford an attorney, wait until the court appoints one for you- remember this is your right.
Without knowing some of the details on your case, it is hard to tell you what may happen. It all depends on the amount you took and the evidence they have. Is it a first time offense?
You have come to the right place. You will find alot of people going through the same thing and you will get alot of support here.
Stay strong!!!!

Do you think 107,000 will get the same sentence?

mysonsinyankton
08-30-2009, 01:15 PM
My son got 41 months. First time, non-violent, same type. There is a point system that determines the range of time for sentencing. My son says they like it if you save the courts time and money by turning yourself in and pleading guilty. DO GET AN ATTORNEY FIRST, and see if what I'm saying is good advice or not. They came to my son's workplace and arrested him. Best to face the music and get the process going so you can sleep better at night and focus on what you need to do to prepare prior to going in. Wish you the best. I know you are scared, but I know in my son's case, it's not nearly as bad as he feared.

fallensoldier
09-01-2009, 07:21 AM
Personally, I would retain an attorney and tattoo his cell number to my hand. And, I would hide the money overseas. You're gonna need it.

julie2062
09-16-2009, 11:44 AM
Hi...

I have to go to Coleman.How is that Camp? I am so scared

MickyM88
09-16-2009, 01:05 PM
My wife embezzled $178,000, she turned herself in. She was out for over a year before she went to court but that day they put her in jail for 38 to 64 months. She also pleaded to a lesser charge, this is here in NC, she worked for a Bank and it took over 4 years for her to get caught.

messedupbigtime
09-18-2009, 02:07 PM
I am in the same boat. Charged with stealing by scheme 197K. I worked there for 5 years. Lost my mind & my temper. Now I have to face the music. No idea really what is going to happen. Never been arested before, no record. Lots of medical issues. In fact that how it happen, i had cancer & they found it while i was out. I take about 27 pills a day, so my lawyer is asking for ankle, or something. But my former employer is pissed & wants me to rot. I have already plead guilty, but my setence date has changed 3 times. No idea when it will be now. Called the federal PD office twice but no answer yet. What happens with my medical issues if I am put away? Will they treat me? What about my pain Meds? I heard they dont allow them. Thanks.
BTW sorry for the rush post I lost my internet, so i at a public space.

jch1968
09-25-2009, 10:03 AM
i am a new member and i belive i am going to be charged with embezzlement from my former employee. I really have no knowledge on this subject and i am very scared. When will they come and arrest me and charge me??? I feel like i am looking out my window waiting for them to come get me, do they come to your house and arrest you and how long am i going to jail for. if anyone can shed some like or experience to my situation please help


sarah,
ive been charged with the same thing and it took them 3 years before they arrested me. i guess it took them that long to build my case which involved millions of dollars. make sure you hire a lawyer asap though. sometimes you will just have to turn yourself in. in my case though, they surprised me at 7am one morning with about 20 feds at my door. i knew it was coming, i just didnt know when. good luck

messedupbigtime
10-02-2009, 11:48 AM
It only took them a few months to pick me up but the rest of the process has been dragging on for over 2 years. Sometimes I can go months without hearing boo from my lawyer. It wicked stressful. Part of me wants it to drag it on forever but a big part of me wants to know where I stand and get it over with.

cchandler5
10-19-2009, 12:46 AM
Just make sure you have a bail contigency plan get arressted get booked in call bail people get right out and dont talk to cops ask for lawyer demand your lawyer over and over if you have to even if you dont have one because they need to provide one perhaps even talk to bail people now let them know who you are and that in case you have money immediately upon release or ???? So that if it does happen they will jump on it and you wont even be housed take it one step at a time embezzlement isnt that bad and remember your rights because evrything will be used against you even if it seems harmless

going*crazy
11-23-2009, 04:07 PM
I am total freaked out. I was terminated today and I know from the past that I embezzled around $15000.00. I am in Alabama what would be the possible time I would get -- first time offender. Someone please help me!!!

headedtoprison
11-24-2009, 06:47 AM
I am in the same boat, charged with larceny by single scheme $340K. Waiting for my sentencing too. I have never been in trouble before but the DA doesnt care about that, he is setting an example out of my case. Waiting....feel like im losing my mind somedays. Just keep your head held high and stay strong! I am also in Massachusetts.

HereKittyKitty
11-24-2009, 09:24 AM
I'm of the belief that you do the crime, you do the time.

judean07
11-24-2009, 06:48 PM
I'm of the belief that you do the crime, you do the time.


I sure pray that you will never have to eat those words. None of us are perfect, we all sin. Some a little more than others. Judging someone actions, I believe that is a sin in itself.

jalove
11-25-2009, 12:57 PM
I sure pray that you will never have to eat those words. None of us are perfect, we all sin. Some a little more than others. Judging someone actions, I believe that is a sin in itself.

I agree

MamaB58
11-28-2009, 10:53 PM
I agree
I not only agree, but wonder if thats how this person feels, why are they on PTO?

Vssjayden
11-29-2009, 01:57 AM
Wow we have been busy taking lots of money that didn't belong to us haven't we. Now you are afraid of the consequences are you serious?
Didn't you think of that when you were buying things your salary wouldn't let you normally buy. IDK that would be my clue. I know everyone makes mistakes but good lord. Prison time would have flown through my mind when I was embezelling thousands of dollars from a company,

reidsbaby
11-29-2009, 09:22 AM
I not only agree, but wonder if thats how this person feels, why are they on PTO?

I agree also...thought we were here to be SUPPORTIVE
I haven't seen anyone on this thread say I didn't do it just asking for ideas of how much time or how to handle others issues..medical etc

WilcoMom
11-29-2009, 09:28 AM
I'm going to post some PTO policies as a friendly reminder to everyone of our purpose here. Not everyone will agree on some topics, and this appears to be one of them. The best way to handle a situation like this is not to say anything and simply move on to another thread.

Let's get back on the topic of our thread now.

Thanks.

• PTO Community Purpose:
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cantbelieveit
12-01-2009, 08:02 PM
I'm glad I found this site. I believe I'm about to be charged with embezzlement from my employer. All in all about 90k - has gotten almost $50k back. I've never been in trouble, and, I'm just really afraid of the unknown. I'm also scared to death of being dragged from my home in cuffs. I've hired an attorney...I'm just hoping he can keep me out of jail/prison. My attorney has a meeting with my former employer in a few days. I think he's willing to work with me as far as not wanting to pursue criminal charges, but, the problem is that I don't have any of the money. I can't pay him a lump sum in restitution. So, I don't know what's going to happen. That's the worst part of it all. Anyway, thanks for listening.

WilcoMom
12-01-2009, 08:33 PM
I'm glad I found this site. I believe I'm about to be charged with embezzlement from my employer. All in all about 90k - has gotten almost $50k back. I've never been in trouble, and, I'm just really afraid of the unknown. I'm also scared to death of being dragged from my home in cuffs. I've hired an attorney...I'm just hoping he can keep me out of jail/prison. My attorney has a meeting with my former employer in a few days. I think he's willing to work with me as far as not wanting to pursue criminal charges, but, the problem is that I don't have any of the money. I can't pay him a lump sum in restitution. So, I don't know what's going to happen. That's the worst part of it all. Anyway, thanks for listening.

Welcome to PTO. We're very glad you found us. There's a lot of good information, and many many supportive folks. You might also try roaming through the Michigan specific threads, to see if there is any specific help or comfort there for you.

I agree. During any part of this roller coaster, the unknown is the worst part. Rely on your attorney. Stay in communication with him/her. Good luck!

barney11
12-02-2009, 04:57 AM
I'm of the belief that you do the crime, you do the time.

I am of that belief too...if the punishment fits the crime.

Did you see the kid tagger who spray painted the highway and uploaded it to youtube? He was sentenced to 4 years. Does the punishment fit the crime? NO

Chuck711
12-02-2009, 04:22 PM
My father was embezzling from his employer. He was actually convicted of felony forgery. I think it was about $35k. He didn't do any time, but the felony conviction has pretty much ruined his life. He hasn't been able to find any real employment since his conviction. He was an accountant. The best job he's been able to find is pizza delivery. Very few employers want to hire convicted felons. I hope you have better luck.

E1041
12-29-2009, 11:15 PM
I am in the same boat. Charged with stealing by scheme 197K. I worked there for 5 years. Lost my mind & my temper. Now I have to face the music. No idea really what is going to happen. Never been arested before, no record. Lots of medical issues. In fact that how it happen, i had cancer & they found it while i was out. I take about 27 pills a day, so my lawyer is asking for ankle, or something. But my former employer is pissed & wants me to rot. I have already plead guilty, but my setence date has changed 3 times. No idea when it will be now. Called the federal PD office twice but no answer yet. What happens with my medical issues if I am put away? Will they treat me? What about my pain Meds? I heard they dont allow them. Thanks.
BTW sorry for the rush post I lost my internet, so i at a public space.


How are you? Any new developments? I hope for the best, for you. Your post left me feeling so much. I have recently admitted to embezzling over $200,00.00 in credit card theft over 4 years. My family is helping, trying to pay back the money, but I still may be charged. I am lucky to have family that still wants to help me, most want nothing to do with me, which I totally understand. My former employer may still press charges, we are waiting to find out. I have disappointed everyone who loved me and supported me, not sure how to proceed, how to make things right. I am very grateful for this website and the people who are supportive.

proudmommy
01-01-2010, 01:10 PM
I am in the same spot. I was charged with 79,000 (only really took 45,000) and have not gone to trial yet. It took several months for them to even arrest me. That was a year ago.

convictedfelons
01-11-2010, 09:44 PM
I was charged with theft of $39K by a prior employer and I can honestly say I didn't steal any money. The long-short story is that I hired my own family member to do some contractor work and so the employer felt that that was theft when in actuality it was a conflict of interest and nothing more. I got no money out of it. In any event, I can tell you personally that if you don't hire the right legal counsel, you will be screwed. In the missed of my depression, anxiety, and fear, I was taking three anti-depressants and anxiety medication just to hold myself together. I was paranoid and suicidal and for what? Because I was afriad of the unknown and my attorney couldn't tell me anything. I decided, after 18 months of waiting and wondering what was going to happen, to just enter a plea bargain and take a felony conviction with a SEVEN year probation plus restituion of $39K. So, basically, I am paying back the money our company paid my dad for the work he legitimately did. My family, of course, isn't helping to pay anything back which is fine but I'm saying it has taken a financial toll on my life.

I lost my house, my car, my job and since then I haven't been able to find work. Fortunately, I found a company that would hire me and give me a great sales job. I was the top sales person in the office until this past December at which point I was told I was being laid off. I believe that lay off occured when the employer found out I was going to leave and possibly work for a competitor. Since then, they have decided to try and bill me for $10K in sales that they said I did incorrectly.

My point?

The felony conviction has haunted me since the day I pled guilty. Had I retained the right type of legal counsel, I probably wouldn't be in this situation today. Instead, I am living with a felony conviction, paying restitution, still on probation and trying to now deal with a pissed off employer who just let me go and is saying I am violating a non-compete agreement. Even new employers will take advantage of the fact that you have a prior criminal background and use it as a way to intimidate you into doing things for their businesses.

Just be careful. Hire the right legal counsel and if the sentencing or plea bargain doesn't feel right, keep fighting. I gave in far too soon and my life has not been the same since.

Just my two cents. :)

Wooly Rhino
01-12-2010, 04:30 PM
I personally believe prison is a waste of time and money. I have never talked to anyone who learned anything from being put in prison. You stole, pay it back. Maybe horse whip you. But prison wont teach you a thing other then avoid getting caught next time.

I know of a couple who knew they were going to file bankrupcy and got new credit limits, ran their cards up and then filed. They stole $100,000 with no problem. Our Congressmen gave a couple of lawyers (by using earmarks) over 6 million. He gave them the money on one condition that they sue me. Long story but it is true. The biggest thieves do it legally.

tiger54
02-28-2010, 12:57 PM
I was caught after 8 years of embezzelment close to $600K. Got 41 months at a Federal Womans Camp. Get an attorney fast, I was able to plead guilty and self surrender. Get a good attorney. I never spent a day in jail prior to my sentence and my attorneys handled everything. Never had to even see my former employees or any Police. I had 1 count of mail fraud.

lhteam04
03-01-2010, 09:00 AM
Wow this brings back memories. I was arrested in 1997 for embezzlement of over $375,000.00. Long story-short, the company was being investigated by the IRS and some accounting procedures didn't add up, I had quit by that time and everything was laid on me. I had cashed checks for the principals of the company and given them the cash, no paper trail. SOOOOO guess who goes down, I had never been in trouble and hired an affordable attorney, I ended up with 18 years 12 suspended so I was sentenced to 6 years I did 3. The waiting was the hardest part, but I was able to walk in the jail, get booked and walk out. My sentencing was in 1998, I was given 2 years out before I had to self surrender to the prison. That was the hardest being out for 2 years knowing I was going to have to go, I couldn't get on with my life because I only had 24 months. My best advice to you, (and you have gotten alot of good advice) is to take it one day at a time, hire a GREAT attorney and fight as much as you can. It will be hard and the mental anguish somtimes gets overwhelming but remember this is your life. I wish I could have plead down to a misdeamor, instead of a felony because it now follows me. Good luck and God Bless.

manordr
06-14-2010, 10:41 AM
Specifics aside your response speaks to my sittuation!!! I too took a plea only because I was told if I went to court and lost the judge and prosecutor would negitively write against parole, they wanted me to settle. I've never dealt with law and I was afraid the people I trusted for three years were really the ones who put me here and the same ones I needed to tell the truth. My greatest depression is failure to stand up for myself and fight for my name and life. I have stopped trusting anyone, even my lawyer and my own judements. I'm not afraid of the three months in jail I have agreed to as much as life aftere that.

patchouli
06-14-2010, 11:22 AM
Specifics aside your response speaks to my sittuation!!! I too took a plea only because I was told if I went to court and lost the judge and prosecutor would negitively write against parole, they wanted me to settle. I've never dealt with law and I was afraid the people I trusted for three years were really the ones who put me here and the same ones I needed to tell the truth. My greatest depression is failure to stand up for myself and fight for my name and life. I have stopped trusting anyone, even my lawyer and my own judements. I'm not afraid of the three months in jail I have agreed to as much as life aftere that.


Its not easy, but it can be done....just stay determined, one foot in front of the other, one day at a time. Welcome to PTO! :)

MENELSGURL
06-14-2010, 12:28 PM
It depends who you did it to and what your position was. That officer was lucky trust me. My brother wasnt so lucky . You need to seek a good lawyer. And pray cause the system prawls on crimes like this.

TinkPrincess23
06-21-2010, 11:00 PM
my step mom was doing the same thing..it took forever for the police to build a case agianst her..finally last summer before she was leaving at house at 9:30 am and took her into custody..she was out that same day..and that happened in June..and they didnt sentence her until jan 26th 2010

gmm13
08-18-2010, 07:41 PM
I pled guilty to embezzeling $116,000 and was sentenced yesterday to 20 months in a federal prison camp. I don't know where I am going yet, they told me I would get a letter in 6 to 8 weeks telling me where & when to report. Needless to say I am depressed & scared to death of what awaits me. Since the charge was federal, one of the employees lived in FL and his expense checks were sent there, they took 5 yrs before they arrested me and almost another 2 yrs before we actually got to sentencing. Even though I'm scared I'm also glad that the outcome has been determined. I need to get my life back, now restitution and the 20 months is all that stands in the way.

lookinforinfo
09-06-2010, 09:13 PM
Wow - I pled guilty to aggravated theft & theft of $35K and will be getting 64 months less 30% good time plus restitution. After reading some of these posts, I feel like I got screwed by my "hired" attorney. But I just need to do my time and get it over with - I leave in the next 2 weeks for state prison. Stay strong, do your time and let's all come out of these better people!!

tackyjan
09-24-2010, 10:29 PM
Sarah - Two years ago, I was arrested for taking money from my employer also - $150,000 (The owners son and I had an affair and were both doing it) But it was a long road from arrest to receiving my plea agreement - ten months.

I live in such a little town and I was the first case for the newly elected prosecutor but I believe I received a fair deal. What she wanted to see was that I paid back the money. I had to have $100,000 paid back within a year - before the Judge would accept my plea.-

how the heck did you manage to get $100k in one year? if you could make that kind of money then you wouldn't need to embezzle in the first place. :D

JenniferA82
10-01-2010, 12:09 PM
I got 6 months jail in CA did 3 months with half time for 67K in res. Now im out cant find a job and probation is threatening to take away my sentence to prison since i cant pay. I can show i have no income but how can they do this, how will sending me to prison get me a job to pay this back? im trying so very hard but having a felony from theft from employment is impossible. Any advice or if anyone has been in my situation know what can happen PLEASE RESPOND. THANK YOU!

Cycleman6
10-02-2010, 08:01 PM
I got 6 months jail in CA did 3 months with half time for 67K in res. Now im out cant find a job and probation is threatening to take away my sentence to prison since i cant pay. I can show i have no income but how can they do this, how will sending me to prison get me a job to pay this back? im trying so very hard but having a felony from theft from employment is impossible. Any advice or if anyone has been in my situation know what can happen PLEASE RESPOND. THANK YOU!

It seems that if you can prove you are making attempts at employment that they cannot do anything to you. If your searching for a specific job and not accepting the fact that McDonalds may be your only option then I think they have every right to put you back in. Sometimes we have to work at the not so glamorous places to stay out of trouble.

lostmymind
11-11-2010, 10:18 PM
So I clearly did lose my mind, along with my job. Arrested and charged in Orange County CA. $16000 approximately... Not sure what's going to happen. I'm pretty sure I'm going to jail. I'm going to be 50 in 2 weeks. (yay happy birthday to me) I have some medical issues, not sure how things are handled there. Yeah, I'm scared. My elderly parents (divorced) worry me. I take care of my mom. She is worried out of her mind. I haven't gone to court yet, arraignment isn't until next month.
I know I'm rambling..... a bunch of random thoughts:confused:

imfreakinscared
12-05-2011, 08:36 AM
I just got arrested yesterday from my job at macys i got charged with embezzlement of 350 dollars and im 18 they are giving me a felony and my court date is on jan 24 i dont know what to do and im scared could someone give me some advice or atleast a assumption of what may happen please..

fbopnomore
12-05-2011, 10:29 AM
Get a lawyer before you make any statement to anyone, Macys or the police. If you can't pay for a lawyer, ask for appointed counsel before you talk about what happened. If this is a first offense there is a good chance that your attorney can convince the prosecutor to be more reasonable than charging a felony for $350.00, but if you don't have a lawyer fighting for you, your chances for a good outcome are much lower. Try not to stress too much until you know what is really likely to happen with the case.

Scott
12-05-2011, 11:50 PM
I just got arrested yesterday from my job at macys i got charged with embezzlement of 350 dollars and im 18 they are giving me a felony and my court date is on jan 24 i dont know what to do and im scared could someone give me some advice or atleast a assumption of what may happen please..

If you are talking about Virginia, it's a fairly serious offense (compared to other states.)

The penalty for larceny is entirely depending on the value of the goods or services stolen.

Larceny/Theft/Shoplifting of items valued at over $200 is a felony, with a maximum sentence of up to 20 years in prison.

Larceny/Theft/Shoplifting of items valued at under $200 is a misdemeanor, with a maximum sentence of up to 1 year in jail.

Community Service and a requirement to pay it back. Maybe bench probation. The amount doesn't really warrant a costly prison sentence. A lot depends on your attitude and how quickly you take care of getting this paid back. Consult a lawyer immediately.

tabman
12-06-2011, 12:45 PM
Turn yourself in and be honest. It's for the best.

Matt1316
12-11-2011, 07:24 AM
I feel for you and wish you the best in your situation. Your situation is pretty much mine as well at this point. My employer is not yet aware of the circumstances but I have embezzled money as well. I am from Pennsylvania and fear the same as you as far as going to jail. This would be my first time in prison. I am hoping to avoid this by getting the money paid back but that is not a certainty at this point. I've only been a member here a few days but it seems as though there is a lot of support out there to go around. I will say a prayer for you. Take care.

hzleyes35
02-03-2012, 08:28 PM
I just found out today there was arrest warrant out for me, per my lawyer. So I self surrendered, paid $2000.00 bond and received my preliminary hearing date. Couple things confuse me though:
1: I'm pleading guilty, I did the crime I want to face up to it. So why a preliminary hearing?
2: They didn't read me my rights when I self surrendered, nor do a mug shot, or finger prints. Is that normal?

Thanks for any insight regarding this matter.

walkingtourist
02-03-2012, 10:14 PM
1. The judicial system has a process, and the preliminary hearing is part of that.
2. They don't need to read you your rights unless they question you. I don't know why they didn't do a mug shot or take pictures.
Hope that helps. Have a good weekend.


I just found out today there was arrest warrant out for me, per my lawyer. So I self surrendered, paid $2000.00 bond and received my preliminary hearing date. Couple things confuse me though:
1: I'm pleading guilty, I did the crime I want to face up to it. So why a preliminary hearing?
2: They didn't read me my rights when I self surrendered, nor do a mug shot, or finger prints. Is that normal?

Thanks for any insight regarding this matter.

alwaysfree
02-04-2012, 01:20 AM
I just found out today there was arrest warrant out for me, per my lawyer. So I self surrendered, paid $2000.00 bond and received my preliminary hearing date. Couple things confuse me though:
1: I'm pleading guilty, I did the crime I want to face up to it. So why a preliminary hearing?
2: They didn't read me my rights when I self surrendered, nor do a mug shot, or finger prints. Is that normal?

Thanks for any insight regarding this matter.

Something doesn't add up. You have a lawyer and you expected to just go plead guilty? Look this system will charge you with WAY MORE than you think you did in an attempt to get you to plead to lessor charges. Talk to your lawyer- he will explain and handles EVERYTHING and you don't open your mouth unless he tells you to.:thumbsup:

marinegf0120
02-04-2012, 02:51 AM
I used to work at macy's n i kinda did a pass off of a baby clothing that cost jst $21, will i be charged for embezzlement because that's what LP told me, or will district attorney just dismiss the charges.
I'm burly 18 never done anything like thiss help please i have a baby as well.
I'm in California.
I already have to 425 to macy's.

AwareNow
02-04-2012, 06:57 AM
I just found out today there was arrest warrant out for me, per my lawyer. So I self surrendered, paid $2000.00 bond and received my preliminary hearing date. Couple things confuse me though:
1: I'm pleading guilty, I did the crime I want to face up to it. So why a preliminary hearing?
2: They didn't read me my rights when I self surrendered, nor do a mug shot, or finger prints. Is that normal?

Thanks for any insight regarding this matter.


Why on Earth would you plead guilty?!?!?!? You risk a criminal record doggin' you for the rest of your life!!!! You also short circuit your chances for probation before judgement, diversion or at least a plea bargain to a lesser charge.

A good lawyer will use the preliminary hearing to make the prosecution "tip their hand" to their strategy towards a conviction. It helps the defendant have a "dress rehearsal" before a trial. It is also an opportunity to convince the prosecution they have a weak case, possibly resulting in a dismissal.

http://wiki.answers.com/Q/What_is_the_purpose_for_preliminary_hearing

beachbuminit
02-09-2012, 10:01 PM
i am a new member and i belive i am going to be charged with embezzlement from my former employee. I really have no knowledge on this subject and i am very scared. When will they come and arrest me and charge me??? I feel like i am looking out my window waiting for them to come get me, do they come to your house and arrest you and how long am i going to jail for. if anyone can shed some like or experience to my situation please help

I was recently released from federal prison after serving almost 32 months on an embezzlement charge. YES, do what the others are telling you; GET A LAWYER if you can and have him/her arrange it so that you can report to the US Marshals and be out on a signature bond the same day. I was able to do a signature bond (no money put up). It beats them coming to your house and taking you away in hand cuffs and than having to go through all of that. To this day, I have never been in handcuffs, shackles; I have never been behind bars. I self surrendered to Pekin, IL but transferred to Waseca, MN my last 6 months because Pekin converted to a mens RDAP camp. As far as how long you are going to go to jail for, that depends on so many different things but first and foremost, the $$ amount you embezzled and if you have had any prior convictions for anything are going to be a couple of the bigger things they look at first. Let me know if you have any questions or feel free to PM me. I will be happy to answer any questions. I was on this site ALOT 3 years ago when I was going through all of my drama and it was such a great support and learning tool for me. It really helped me prepare for the journey I was about to embark on.

hzleyes35
02-10-2012, 02:17 AM
I was recently released from federal prison after serving almost 32 months on an embezzlement charge. YES, do what the others are telling you; GET A LAWYER if you can and have him/her arrange it so that you can report to the US Marshals and be out on a signature bond the same day. I was able to do a signature bond (no money put up). It beats them coming to your house and taking you away in hand cuffs and than having to go through all of that. To this day, I have never been in handcuffs, shackles; I have never been behind bars. I self surrendered to Pekin, IL but transferred to Waseca, MN my last 6 months because Pekin converted to a mens RDAP camp. As far as how long you are going to go to jail for, that depends on so many different things but first and foremost, the $$ amount you embezzled and if you have had any prior convictions for anything are going to be a couple of the bigger things they look at first. Let me know if you have any questions or feel free to PM me. I will be happy to answer any questions. I was on this site ALOT 3 years ago when I was going through all of my drama and it was such a great support and learning tool for me. It really helped me prepare for the journey I was about to embark on.

Do you mind if I ask how much you embezzled? I'm just wondering, because I'm going through the same situation right now. I'm trying to mentally be ready for leaving my family. Looking at the worst, praying for the best. I just can't seem to wrap my mind around leaving my boys. But I have no prior's, so thats hopeful. And I wonder how much someone trust's there lawyer. If they tell you they believe you won't see jail time, do you trust and believe them? Or still prepare for the worst? Sorry just some of my thoughts as I think about this day and night.

Depressed13
02-26-2012, 09:44 PM
I have not been officially charged withnanything yet. I was fired from my job two years ago and I was accused of embezzlement. I never have been contacted by the police until about a couple weeks ago. I told them I wanted a lawyer present he said well ok. I got one and when the attorney called the police back he said he sent the file to the da already. Do you Think I will be charged with anything. I live in California will the new AB 109 law help me or will I still go to jail.

Depressed13
02-26-2012, 10:01 PM
I was fired from my job two years ago...... My old boss had me do ALOT of illegal things while I worked for him. I worked for him for over 20 years. Always I was fired for embezzlement. I have never been contacted by the police until about 2 weeks ago. The detective wanted me to come in for a interview and I said he coulfd talk to my lawyer when my lawyer finally got a hold of him he had already sent my file to the district attorney. I file a law suitbagainst my old boss about a year ago for monies he owes my family that were loaned to the practice. I live in riverside California. With the new law AB 109 do you think I will go to prison .

Scott
02-26-2012, 11:04 PM
I was fired from my job two years ago...... My old boss had me do ALOT of illegal things while I worked for him. I worked for him for over 20 years. Always I was fired for embezzlement. I have never been contacted by the police until about 2 weeks ago. The detective wanted me to come in for a interview and I said he coulfd talk to my lawyer when my lawyer finally got a hold of him he had already sent my file to the district attorney. I file a law suit against my old boss about a year ago for monies he owes my family that were loaned to the practice. I live in riverside California. With the new law AB 109 do you think I will go to prison .

Your situation sounds like it could be a complicated one. Remember that at this stage in the process the only (and I do mean only) person you should be speaking with at all about any of this is your attorney.

While any of us can speculate on what might happen, doing so does you no good what-so-ever since we don't have all the facts, or understand the big picture of the case. And please don't provide that information. Your attorney is the only one who can put some perspective on the situation, based on the facts you have provided to him.

I do understand that you are anxious about the whole process, and probably are looking for reassurance or "support" - but having been a career embezzler and been through the process between having been caught and fessing up (and I was always guilty) I want to be very clear that you have to separate your emotional well-being from your legal well-being.

The fact that your previous employer had you do things that were "illegal" is another mixed bag. It could be helpful from the standpoint that your employer may not want any of this to end up in court (and your attorney should know about all of that stuff), or - you could end up with more charges. Because you are an adult, if my boss tells me to do XYZ and I know it's illegal, I'm still liable for whatever I do. Because my boss tells me to do something, that doesn't absolve me from legal (or moral for that matter) liability for those acts. You are responsible for what you do, good, bad or indifferent. Some of the principles of this were established at the Nuremburg Trails in 1945-46.

Get with your attorney - be proactive about all of this. Your redemption isn't based on whether or not you go to jail, it's based on whether or not you do the right thing at this point. If you don't have a previous history of criminal behavior, that weighs positively for you in every respect.

afehrman
03-10-2012, 04:27 PM
I honestly think each person is different and each case is handled differently. About 7 years ago I got in trouble for taking money from where I worked. I worked at a bank and when they found out they talk to me and I cooperated with them and they just said that someone whoul dbe in contact with me. The FBI did call me and stated that we would need to get together and talk. I did get myself a lawyer ($5000 retainer in Wisconsin) and I met with the FBI and the attorney all together and they asked questions and I told my side of the story as to why I did it. I did not hear anything then for 3 years. My lawyer was doing all the talking with the FBI. The company finally decided to press charges as they have this rule that everyone gets charged no matter what, otherwise it would have never gone to court. My parents luckily paid the money back to the company of $48,000 right away as instructed by my attorney which helped out greatly when we did go to court. I was never arrested. One day after court they just had me go downstairs to be finger printed and picture taken and that was it. Never booked in and never spent a minute in jail. Never even put in handcuffs. When we went to court the judge was very nice and I got to give a statement. Both the prosecutor and my lawyer agreed on no jail time and just probation but the judge gave me 6 months house arrest and 3 years probation (federal court) which I believe was fair. I still got to go to work every day and after the first 3 months I got to be gone from 6 am to 9 pm every night including the weekends so it really was not that bad. I only had to pay $2 a day to be on the bracelet so in all it costed me about $360. It took them in total almost 5 years before the case was settled. I have been on probation now almost a year and a half and my probation officer said that by fall I will be off probation early and can go on with my life.

Thus take it each day at a time and pray for the best. Truly get a lawyer if you can because my lawyer did all the talking and handled everything and I had very little converstation with anyone in regards to the matter but my lawyer and he took care of everything and like I said, never got arrested.

Floridafriend
03-16-2012, 12:36 AM
Wow we have been busy taking lots of money that didn't belong to us haven't we. Now you are afraid of the consequences are you serious?
Didn't you think of that when you were buying things your salary wouldn't let you normally buy. IDK that would be my clue. I know everyone makes mistakes but good lord. Prison time would have flown through my mind when I was embezelling thousands of dollars from a company,

I agree. If you do the crime you should do the crime. I know the basic theme of PTO is to "support". However, it is also an open exchange of views, some of which not everyone agrees with. The criminal mindset is interesting and continually minimizing the hardship the crime caused others, the offender worries more about themselves. Standing up and taking responsibility, paying for the crime and becoming a better person will earn a lot more respect from the segment of society who play by the rules. I know my opinion comes across as harsh but I'm really just encouraging a different mind set. My heart goes out to anyone facing or doing time for the first time. Repeat offenders just cause me to shake my head.

Mstee03
03-20-2012, 06:47 PM
I have an embezzlement charge and I had a good lawyer, it was my first offense i was ordered to pay the money back they gave me 2 years to do that and i got a sentence of suspended 12 months and convicted of a misdemeanor and 2 years probation. keep your head up it may not be as bad as you think.

hzleyes35
03-22-2012, 01:57 AM
I have an embezzlement charge and I had a good lawyer, it was my first offense i was ordered to pay the money back they gave me 2 years to do that and i got a sentence of suspended 12 months and convicted of a misdemeanor and 2 years probation. keep your head up it may not be as bad as you think.


Praying everyday you are right Scott. Because I'm only envisioning the worse right now.

missmybebe
03-22-2012, 11:55 PM
LAWYER up!!!!!!!! ASAP! Good luck!

Floridafriend
03-23-2012, 07:44 PM
This is a long journey you are going through and will certainly test your inner strength. I'm sure I speak for many when we wish you the best.

Dlj0806
04-03-2012, 11:01 PM
I'm new to the site. Today I was fired from my job because I embezzled some money. I used to work at a bank and I took a customers cc. It's my first offense and total mount was about $1500. A detective came to talk to me about it and said they had proof of what I did. The sheriff was called but he never talked to me. I just need to know was the process. Was the sheriff suppose to talk to me And give me some kind of information or do I just assume I need to get a lawyer? I live in Texas. If anyone can give me any kind of information I will greatly appreciate it.

alwaysfree
04-03-2012, 11:57 PM
I'm new to the site. Today I was fired from my job because I embezzled some money. I used to work at a bank and I took a customers cc. It's my first offense and total mount was about $1500. A detective came to talk to me about it and said they had proof of what I did. The sheriff was called but he never talked to me. I just need to know was the process. Was the sheriff suppose to talk to me And give me some kind of information or do I just assume I need to get a lawyer? I live in Texas. If anyone can give me any kind of information I will greatly appreciate it.

You shouldn't have talked to that cop or sheriff. They have NO information for you, they try to extract information from you to convict you. They will lie to you, never talk to them. If they ask questions tell them you want a lawyer. You should also never put facts about your case on this forum or anywhere else. Get a lawyer ASAP, if you can't afford one then seek free advice from a legal aid. You may have to wait until you are arrested for the court to appoint a lawyer for you if you have no money. Goodluck!

blondeboy75
04-17-2012, 09:27 PM
So, I got a call out of the blue last Thursday from a Detective wanting me to come in and talk to him saying that I have been accused of theft by a former employer that I worked for 2 years ago. I kept asking questions but he wouldn't answer any of them and told me I needed to come in person. I am supposed to go to the police station to meet with him at 8 am tomorrow morning. After reading through this thread, I am convinced that I should not go tomorrow, however, I want to know what I am being accused of by the former employer? Thoughts, advice? No record of any kind at all. I know during unemployment hearings 2 years ago they tried to accuse me of some type of theft but lost the case and their appeal. At that time, they were saying that I had created false invoices and gotten money for them... Unfounded. So, what should I do now-I don't want to risk getting humiliated at work and arrested. If they had a case against me, wouldn't they have already arrested me and not be calling me to come in and "speak" to them? What should I expect now? Please help!!

missmybebe
04-18-2012, 07:46 PM
Do you have a lawyer? Detectives will lie & scare you to get ANYTHING out of you. I've been there! Before you go meet w/ him.. I'd call a lawyer & be advised on EXACTLY what you should do. I'd start searching for criminal lawyers tonight online if you don't have, or no of one!

scarednafraid
04-20-2012, 04:56 AM
I have a questions about the actions I have done. I had forged my exhusbands signature and cashed out the checks I took about $25,000, I had a warrant for my arrest was put on bail now I have court. I'm being charged with a class c crime, my question is I have never gotten in trouble this is my first offense, when I had forged my exhusbands signature I had power of attorney for everything from him. He isn't charging me it's the state who is. I was wondering will I be able to get probahtion? or how many months and years will I get? I'm very scared, I'm leaving 5 children behind and a fiancee, drs diagnosed me before all this happened with anxiety and depression now I'm even more depressed, but more scared of being sent to prison and loosing everything I got from my children and my fiancee. Please help

missmybebe
04-20-2012, 05:45 AM
I would call several criminal lawyers to see what possibly can be done. That's what I did when I was in trouble & they still talked on the phone w/ me even though I didn't have the $ to pay for one. I have 3 children & I understand your fear. Good Luck!

caligirl559
03-27-2013, 12:33 AM
in early 2011 i was fired from my job for stealing 20,000 in checks i had written to myself. My employer had filed a police report and i wasnt contacted by a detective till a month later via letter in the mail, once i received the letter i hired one of the best criminal defense lawyers in my town once he had contacted the detective letting him know he was representing me i never heard a thing. about a year went by and still no contact from the police since nothing happened the family that is saying i stole the money from is suing my company and myself for the money so now it is civil case. im so confused on what is going on. can anyone help?

fbopnomore
03-27-2013, 09:22 AM
Ask your lawyer, technically you can be charged criminally up until the expiration of the statute of limitations. The big issue, which your lawyer can explain to you, is how, or even if, filing a civil lawsuit can undermine any potential criminal case filed against you in the future. My guess is the decision has been made to proceed civilly.

dcrc50
03-28-2013, 05:36 PM
Hopefully nothing gonna happen !!!!

monarch219
04-02-2013, 11:47 PM
I am being charged with embezzlement of $10,000 from a former employer. As soon as I was arrested I was fired from my job (not the same employer as the one filing the charges). It seems my former employer is accusing me of taking funds I was paid under the table. On paper I look really guilty. I have a lawyer and he is very good. He thinks that we can negotiate this down to a misdemeanor but there is still a very real chance I will end up with a felony. I am scared about my prospects of employment after all this. Will I be able to find a job? where do I look? Everything I have experience in requires a background check. Any tips are greatly appreciated. This seems like a life sentence for such a trivial amount.

caligirl559
04-08-2013, 02:46 PM
Ask your lawyer, technically you can be charged criminally up until the expiration of the statute of limitations. The big issue, which your lawyer can explain to you, is how, or even if, filing a civil lawsuit can undermine any potential criminal case filed against you in the future. My guess is the decision has been made to proceed civilly.
my lawyer has advised me to take the 5th on any questions they my ask me since the statue of limitations is still in tact, but by doing so would this make them decided to look in to it criminally ?

fbopnomore
04-08-2013, 05:13 PM
If you trust your lawyer, do what he says. If not, get one you can trust. The police are not your friends.

Mykell
04-15-2013, 06:48 PM
Just wondering for those that got convicted or being charged for embezzlement, did you pay taxes on this money? If not, did the IRS also come after you once you were caught? I believe my mother in law is about to be charged with embezzling $100k over a 3 year period. She says she was paid under the table for some extra work (which I do know she did). But I also know she didn't pay taxes on this money so even if she somehow beats the embezzlement charge she is dead meat on tax fraud.

Scott
04-15-2013, 06:53 PM
Just wondering for those that got convicted or being charged for embezzlement, did you pay taxes on this money? If not, did the IRS also come after you once you were caught? I believe my mother in law is about to be charged with embezzling $100k over a 3 year period. She says she was paid under the table for some extra work (which I do know she did). But I also know she didn't pay taxes on this money so even if she somehow beats the embezzlement charge she is dead meat on tax fraud.

This is a complicated question. The whole "under the table" thing can be problematic - although it's not likely that the IRS will come looking for her unless someone alerts them. I think the best course of action would be to focus her energy on dealing with the embezzlement charge, and try and get all that settled down - then play it by ear as far as anything from the IRS. It's really impossible to predict what MIGHT happen, so best to just deal with whatever is happening.

fbopnomore
04-16-2013, 10:23 AM
I agree, deal with what's in front of you now, and anything else when, and if it appears. Don't worry about the IRS until the IRS is worried about you.

IRS is not a simple answer, because there are a number of different ways they can handle it, but know one thing for certain, if they know about it, handle it they will.

The first, and easiest way will be a civil tax adjustment for the unreported income, plus penalties and interest. The same thing happens after a tax audit when you owe more money than was on the tax return. There are a bunch of penalties that can be added to the tax amount, including a 100% civil fraud penalty and many lesser ones. Penalties can be appealed through the IRS appeal procedures. Tax and penalties will incur interest from the original due date of the tax return. Interest can not be appealed, so the only way to reduce it is to have either the amount of tax, or penalties reduced.

If the amount of unreported income is significant enough when compared to the income that was actually reported, a criminal prosecution is possible within the statute of limitations, 6 years from the due date of the tax return (or 6 years from the filing date if you filed early). The IRS has been known to expend most of their criminal investigation resources on really big dollar amount cases, which $100,000.00 is not, but they sometimes cherry pick small ones too.

As with all things government, there have been instances where it is a really bad idea to upset the auditor. I have an acquaintance who had gross receipts from his business of about $300,000.00 in one year. He was audited and told the IRS they didn't have jurisdiction because of some bizarre interpretation his group made of the US Constitution. His actual taxable income, after deducting legitimate business expenses, including what he paid to subcontractors, was around $100.000.00 with a tax due of say $20,000.00. The angry auditor denied all of his legitimate expenses, figured the tax on his gross, added maximum penalties and interest, and lo & behold he got a tax bill of over $1,000,000.00. The story got much worse for him and he ended up serving 6 years in federal prison (the IRS's other option) for refusing to pay the tax he really didn't owe. He compounded his problems by refusing the help of a lawyer who would have pointed out to the judge and jury that it isn't a crime to avoid paying something you don't really owe, but acting as his own lawyer, he was convicted and his case became a media sensation for all the wrong reasons.

sr3737
04-17-2013, 10:08 AM
Just wondering for those that got convicted or being charged for embezzlement, did you pay taxes on this money? If not, did the IRS also come after you once you were caught? I believe my mother in law is about to be charged with embezzling $100k over a 3 year period. She says she was paid under the table for some extra work (which I do know she did). But I also know she didn't pay taxes on this money so even if she somehow beats the embezzlement charge she is dead meat on tax fraud.

Yes the IRS can come back and consider this taxable income. Per the IRS ill gotten gains are taxable. I embezzled over 1 million dollars and the IRS came to see me in Prision

monarch219
04-23-2013, 06:46 PM
I was wondering if there is a chance of getting a job after being convicted of embezzlement. It seems this is no easy task and I was wondering if anyone has any advice pertaining to this?

fbopnomore
04-24-2013, 12:09 PM
There is a federal program to bond ex prisoners that protects an employer against theft. That might help, but I imagine it will be a difficult thing to overcome. Then again, any prior felony can be too. Even so, many released prisoners are able to find decent jobs.

Scott
04-25-2013, 08:53 AM
I was wondering if there is a chance of getting a job after being convicted of embezzlement. It seems this is no easy task and I was wondering if anyone has any advice pertaining to this?

I spent much of my adult life as a career embezzler. Four major convictions over a period of 30 some years. 15+ years in prison. I've never had trouble getting a job, being totally honest about my past. At one point, with three convictions under my belt, I was Chairman of our local Police Bureau's Citizen Budget Review Committee. They called me their "funny money" guy. I understand money, and how it works. My past seemed somewhat entertaining to them.

What's important is to have some serious skills (in my case, for a long time it was database design and some fairly technical web related stuff), and be positive. What's also important to know is enough about yourself to not put yourself, or allow yourself to be put in a position where you have access to money again.

The same charm I used to get away with my crimes, also helped me to get hired, but after a while - people would say, "Scott's so nice, let's give him this and that responsibility..." And, Scott (me) still had issues so would eventually end up abusing that trust.

The other thing that happened, is sometimes people may hire you at a "discount" [i.e. pay you less than you would normally qualify for] based on your history. They're getting an advanced skill set at a great price. But then they become lax - or, as in my case, I would blame my employer (consciously or sub-consciously) for "taking advantage of me", and passive-aggressive behavior would kick in. Bad stuff.

So, a few years back I simply made the commitment to myself (the only person it's ultimately important to make a commitment to) that I would never allow myself to be in a position where I had access, control, interest in, or anything else to do with other people's money. Zero. Zippo. Nada. Since then, no problems. Additionally, I have used my past to go out and do little presentations on employee theft and how to guard against it. Also helpful for me to be totally "out there" in terms of my criminal past, and put those negative experiences, hurtful to so many other people, to some good use.

Bottom line - Yes - if you want a job - you can get one, or create one. Just be careful what kind of job...

Charger2013
04-25-2013, 10:03 PM
My employer found out that I took about $45k in a 9 month period. I had an old merchant account and would just process payments to my account instead of the companies account. Then just send out the companies merchandise to the customers. My boss is in Canada and left me in charge of the company. I got greedy and messed up. :(

He has not turned the evidence over to the police yet but said he will in 3 days if he doesn't get the 45k back by then. I don't have it.

I know hes got the right evidence because he told me how much I took and the month I started taking it.

This all happened in Harris County, Texas. After I found he out he knew about it I got scared and moved out of my apartment within hours, Closed all my bank accounts and moved back home to Oklahoma.

Hes got my SSN number and I have a OK Driver lic and i'm at that address so its not going to be hard to find me.

What can I expect?????

I have been to prison before. I got out 4 1/2 years ago. I was in for impersonation of a peace officer 2 degree felony. Had police lights on my truck acting stupid pulling people over never got out of the vehicle. I was 17.

They gave me 6 years deferred probation and I violated that in 3 year for driving on a suspended driver lic and got 2 years for the Impersonation.

What are the chances of me getting any kind of probation???
Will Texas come and get me from Oklahoma?
If I get probation will I be able to stay in Oklahoma?
If i bond out can I live in Oklahoma and drive to Harris county for every court date?
Will the Harris county police try to contact me or will they just call the police here and have them show up?
What are the chances of me getting the charged reduced?
Also my boss or should I say Ex-boss is still in Canada and can't come back to the states for about 6-8 months. <<< I don't know if that will have any factor on the case.

I have a job set up here driving an 18 wheeler around the country and don't want to mess that up. So i'm trying to stay out of jail and take care of this at the same time.


Any answers or advice will help. thanks

I have already talked to an attorney in Harris county Texas and no i'm not saying a word to the police.

tslittlesister
04-26-2013, 04:16 AM
be careful what you say online. anything you write can be used against you.

fbopnomore
04-26-2013, 08:57 AM
Hire a lawyer to talk to your ex employer before he involves the police. Maybe a concrete repayment plan would be acceptable, but the clock is definitely ticking.

pati
05-17-2013, 08:39 PM
I was charged with embezzlement. I did it. Rather than wait for the police to show up, I hired an attorney. There was no getting out of the punishment, I did the crime. I did pay the money back, but still had to do the time. The amount was $300k. I was sentenced to 4 years and did 2. I had never even had a parking ticket before. Due to advice on this forum, I kept my mouth shut, minded my own business and did my own time. I was kind to everyone, I was not their judge. I managed to get 2 jobs. One in canteen and the other helping the priest. I have been out for 9 years and have put this behind me, but not the learning experience.

Momma2one
05-24-2013, 06:47 PM
Just got fired for 5K in Texas. What charges do I face? No criminal record, first offense. No cops, yet. What is a good timeline to expect when (and if) they pursue filing charges and when ill be arrested?

Scott
05-25-2013, 07:05 AM
Just got fired for 5K in Texas. What charges do I face? No criminal record, first offense. No cops, yet. What is a good timeline to expect when (and if) they pursue filing charges and when ill be arrested?

There are no clear cut answers to this at all. Everything can move quickly, or take a couple of years. It all depends on how your employers handle things; how they approach the police, etc. Hire or obtain the services of an attorney IMMEDIATELY and SPEAK TO NO ONE about ANYTHING until you have spoken to your attorney.

pati
05-25-2013, 09:12 AM
Just got fired for 5K in Texas. What charges do I face? No criminal record, first offense. No cops, yet. What is a good timeline to expect when (and if) they pursue filing charges and when ill be arrested?

$5k isn't a lot, still a crime though. Absolutely get a lawyer. If your employer files an insurance claim they are required to contact police. Even if you pay it back there can still be criminal charges. In California with that amount and a first offense you would most likely get a year. You never can tell. It's up to the DA and the court. I saw a woman get 18 months for over $500K. Good luck. No matter what, this will not kill you. You will get past it.

pk22477
06-28-2013, 01:55 AM
I need some help and advice. I have done something that I am so ashamed of. I haven't been charged and no police report has been filed. I took close to 20,000 (using a cc) from an employer. I have since left that job (own my own b/c I moved out of state b/c of my dis-abled son's health). I am single mom and have never been in any kind of trouble, not even a speeding ticket. I went through a really dark time, where my father was practically dying, and my son's (who is completely and totally disabled and requires 24/7 care) health was getting worse. I have recently contacted my former employer (who only found out this week), to try to see if I could make restitution and to see if there was anything I can do to keep them from filing charges. My former employer is very understandably angry and will not return my calls or emails. I am my son's only care provider and I help my parents b/c of their poor health. I am our only source of income. I have no problem making payments every week to pay back my sin. I am not proud of what I did and I can't even look myself in the mirror. I know what I did was so wrong and I will live with that guilt for the rest of my life. I can't afford an attorney and I am so afraid of being arrested and taken from my son.

Momma Ann
06-28-2013, 03:11 AM
Get a lawyer and have them help you through this. Do this today. Go to legal aid if you cannot afford one. Do this today. You need legal help now.

fbopnomore
06-28-2013, 09:07 AM
I agree, having a lawyer contact your employer, instead of just you doing it, could be helpful to the eventual outcome of the case, especially if no charges have been filed. Also, listen to the lawyer's advice and do not admit your crime, or talk about it, with anyone, especially by posting details on the internet. The quicker you move on this, the better your chances for a more favorable result.

pati
06-29-2013, 02:21 PM
I need some help and advice. I have done something that I am so ashamed of. I haven't been charged and no police report has been filed. I took close to 20,000 (using a cc) from an employer. I have since left that job (own my own b/c I moved out of state b/c of my dis-abled son's health). I am single mom and have never been in any kind of trouble, not even a speeding ticket. I went through a really dark time, where my father was practically dying, and my son's (who is completely and totally disabled and requires 24/7 care) health was getting worse. I have recently contacted my former employer (who only found out this week), to try to see if I could make restitution and to see if there was anything I can do to keep them from filing charges. My former employer is very understandably angry and will not return my calls or emails. I am my son's only care provider and I help my parents b/c of their poor health. I am our only source of income. I have no problem making payments every week to pay back my sin. I am not proud of what I did and I can't even look myself in the mirror. I know what I did was so wrong and I will live with that guilt for the rest of my life. I can't afford an attorney and I am so afraid of being arrested and taken from my son.

DO NOT contact your former employer yourself. This is absolutely one of those time where you cannot handle things yourself. You need a lawyer. You can't afford not to have one.

AtlantaChaos
08-07-2013, 07:18 AM
Here is the advice I can give you based on my experience.

I was confronted about 10 months ago about some checks that were alledgedly written out of my account. Without going into details, I was suspended right away. I immediately hired an attorney. When I was asked to go back for another "interview" I said I would cooperate fully with the investigation but I would want my attorney present. I was fired on the spot. My attorney contacted my employer legal department and HR. Even though they gave her no details about anything involving me I have no heard anything from the authorities or my prior employer about this.

Another thing my attorney advised me is to not talk about this to anyone, not even family members. The less people know about this the less chances they will be involved with this. The prosecution can always use them as witnesses.

I am not out of the water. For all I know the investigation could still be pending and criminal charges can be brought up anytime until the statue of limitations runs out. If criminal charges are filed against me we have no idea if this will go to Federal or State court. So all I have been able to do for the past 10 months is sit and wait and worry.

The first few months were the hardest in my life. I still remember the pain and agony I went through that first week. I was devastated. Based on the information provided to me by my employer about the situation they had enough evidence to throw me in prison and not look back. I was to the point of wanting to take my life. If it hadn't been for some members of PTO I probably would have. I still suffer anxiety attacks and depression (although not nearly as predominant anymore). I can sleep a few hours a night. Every time I think about it or what it will be for me within the next few years I only spiral down emotionally. Therefore I rather focus on the present and enjoy every day I have right now as it may be borrowed time.

This event has been life changing in many aspects. My current situation has given me a lot of time to reflect on my life. I had let my job/career define who I truly was. I have sacrificed relationships, social life, and even family time and spent 60 hours a day working for a company which, at the end of the day, negates all of that and saw me as a liability. I have been without work for the past 10 months. I had several interviews which sounded promising and then nothing happened. It could be there was a better candidate or they could have done an employer check and I got criticized. Of course I can't prove that but our minds end constructing the worse case scenario in our heads.

My life's savings are being depleted and my family is in no situation to lend me money. I am doing any type of freelance work that comes my way to earn a living right now. I look at all my friends and how they are carrying on with their lives/career and it's easy to let that fuel my depression. I have outcast myself from a social life first of all because I can't afford it. Secondly because I know if the chips fall down and I have get prosecuted most of my "friends" will turn their backs to me. Even if I didn't have anything to do with the alleged embezzlement/fraud. Worse of all, they will act like my friends but then criticize me behind my back. Everyone seems to be moving forward in their lives whereas I am stuck in a place where I can get no traction to escape.

Despite all of the bad that has happened since I was first confronted by my employer I like to think positive going ahead. I have reconnected with who I truly am. The experience so far has humbled me and made me realize all the important things I always taken for granted. Most importantly, it has made me a better person. I may get foreclosed in the next few months and have nowhere to go but, despite everything that happens to me the most important thing they will never take from me is my attitude.

There are a few great reads which have strongly helped me the last few months:

- Man's Search for Meaning by Viktor E. Frankl
- When Bad Things Happen to Good People by Harold S. Kushner
- Lessons From Prison by Justin M. Paperny

daddysrider
08-07-2013, 07:41 AM
i am a new member and i belive i am going to be charged with embezzlement from my former employee. I really have no knowledge on this subject and i am very scared. When will they come and arrest me and charge me??? I feel like i am looking out my window waiting for them to come get me, do they come to your house and arrest you and how long am i going to jail for. if anyone can shed some like or experience to my situation please help

They can come at anytime, it can be years.
Prepare to get an attorney ASAP.
Don't talk to anyone about it, and when they pick you up, don't talk to the police

JLLESUER
08-24-2013, 03:20 PM
Sarah - Been there done that! Get a lawyer! Are you sure that they know of the "alleged" embezzelment?

I am fairly new here too, I have been charged and my attorney is working on a plea deal...this is my second so I pretty much know the ins and outs at least up until sentencing. Last Time I got probation, this time I will not!

First of all, get a lawyer, if you are certain they have discovered something the lawyer can even try and negotiate with the "Victim".

I will be glad to answer any questions I can.

Sara,

quick question what did they give you on your second time??? I was convicted on my first in one county and the gave me three years community corrections and then my second one is in a different county but I was on felony bond while I did it and I am facing sentencing in about 2 months??? Any help from anyone would be greatly appreciated!!

monarch219
09-01-2013, 11:01 PM
Sara,

quick question what did they give you on your second time??? I was convicted on my first in one county and the gave me three years community corrections and then my second one is in a different county but I was on felony bond while I did it and I am facing sentencing in about 2 months??? Any help from anyone would be greatly appreciated!!

JLLESUER: From what I understand there are a lot of variables here, it depends on the judge, the county, the alleged crime and the amount taken. Honestly no one is going to be able to assist you better than an attorney. I'm assuming you have one already, have your attorney research similar cases in the county you are charged in, this might give you an idea. Each case is unique and that is why it is so important to have a good attorney on your side, I know the waiting game is the hardest part, hang in there.. If you are in California or New York I have a great recommendation for an attorney that can help.

Bad girl
10-24-2013, 08:37 PM
They can come at anytime, it can be years.
Prepare to get an attorney ASAP.
Don't talk to anyone about it, and when they pick you up, don't talk to the police

I have not been on the site in a while. Not sure where you are with your situation.

My best advice is to call a criminal attorney that handles white collar ASAP! Do not all to anyone about this situation. Find an attorney that feel will guide you this process. It will cost you to retain an attorney, but is well worth it.

I have just gone though this, and I am so sorry that you are facing it.

stillachance
10-29-2013, 08:56 PM
Scott thank you so much for this I was arrested last may concerning a complaint from my former employer and up until now have been so mentally weak trying to figure out what's wrong with me and why I continue to do the things I do! I've been thinking I'm the most stupid person that will be caught up in a situation like this AGAIN! every excuse and enabling emotion I feel before the actual crime is done is described in your comment below! I seriously thought I was the only person who thought like that! the passive aggressiveness for feeling used and giving myself reasons to do what I do! before this recent incident i felt the rage, excuses and denial building up in me I prayed to overcome my "weird" temptation to deprive but ultimately lost that battle.

Like you I know I have a certain charm and intiailly I do have good intentions I really do not one negative or slick thought crosses my mind but this temptation I have is strong! after reading your post and after my sentence I am seeing I can't put myself in situations where I can expose myself to doing the wrong things! I am 29 and tomorrow I will plea to a 2-4 it's not a good deal considering I never got any money and I fessed up to my employer but I am realizing that you can't get away with everything and although this specifically I did not get anything I am probably paying for something else I didn't think would come back around.... I kind of ran off on this but again thank you for this insight



I spent much of my adult life as a career embezzler. Four major convictions over a period of 30 some years. 15+ years in prison. I've never had trouble getting a job, being totally honest about my past. At one point, with three convictions under my belt, I was Chairman of our local Police Bureau's Citizen Budget Review Committee. They called me their "funny money" guy. I understand money, and how it works. My past seemed somewhat entertaining to them.

What's important is to have some serious skills (in my case, for a long time it was database design and some fairly technical web related stuff), and be positive. What's also important to know is enough about yourself to not put yourself, or allow yourself to be put in a position where you have access to money again.

The same charm I used to get away with my crimes, also helped me to get hired, but after a while - people would say, "Scott's so nice, let's give him this and that responsibility..." And, Scott (me) still had issues so would eventually end up abusing that trust.

The other thing that happened, is sometimes people may hire you at a "discount" [i.e. pay you less than you would normally qualify for] based on your history. They're getting an advanced skill set at a great price. But then they become lax - or, as in my case, I would blame my employer (consciously or sub-consciously) for "taking advantage of me", and passive-aggressive behavior would kick in. Bad stuff.

So, a few years back I simply made the commitment to myself (the only person it's ultimately important to make a commitment to) that I would never allow myself to be in a position where I had access, control, interest in, or anything else to do with other people's money. Zero. Zippo. Nada. Since then, no problems. Additionally, I have used my past to go out and do little presentations on employee theft and how to guard against it. Also helpful for me to be totally "out there" in terms of my criminal past, and put those negative experiences, hurtful to so many other people, to some good use.

Bottom line - Yes - if you want a job - you can get one, or create one. Just be careful what kind of job...

Checkov
12-25-2013, 08:07 PM
Hello all. Need advice from any with experience.

My spouse is accused of stealing about 60K over several years. The job was sort of an accountant position. The DA and now the FBI are involved. We have a lawyer and are basically just waiting for their move.

The sad thing is that I believe ( honestly ) that she is completely innocent. We have been married for years and years, have kids etc. She is good person and it would be totally out of her character and habit. Furthermore she has never suddenly started getting cash heavy, buying furs, jewels, cars, drugs, gambling NOTHING. She has no idea what happened to the funds, she isn't the only person in the chain of money transfer and we don't know if it was lost or misplaced...etc??? They have certainly targeted her. She has no criminal record.

What's so ironic ( almost funny ) is we have been following the Dave Ramsey books and were working hard finally getting our bills payed off, you know getting ahead and now this. I could go on on the heartaches it's caused, the stares and whispers, rumors as people watch us but what would the point be?

Thanks for listening, Husband "checkov"

nines
12-26-2013, 06:37 AM
Hello all. Need advice from any with experience.

My spouse is accused of stealing about 60K over several years. The job was sort of an accountant position. The DA and now the FBI are involved. We have a lawyer and are basically just waiting for their move.

The sad thing is that I believe ( honestly ) that she is completely innocent. We have been married for years and years, have kids etc. She is good person and it would be totally out of her character and habit. Furthermore she has never suddenly started getting cash heavy, buying furs, jewels, cars, drugs, gambling NOTHING. She has no idea what happened to the funds, she isn't the only person in the chain of money transfer and we don't know if it was lost or misplaced...etc??? They have certainly targeted her. She has no criminal record.

What's so ironic ( almost funny ) is we have been following the Dave Ramsey books and were working hard finally getting our bills payed off, you know getting ahead and now this. I could go on on the heartaches it's caused, the stares and whispers, rumors as people watch us but what would the point be?

Thanks for listening, Husband "checkov"

If they still haven't made the first move then it's in it's early stages of investigation. If several people have access to the money then they might very well identify someone else of interest and efforts would move onto them instead and you will hear nothing more from them.

Like your lawyer said they'll have to make the first move so nothing at this current time can be done. If they decide to charge your spouse then don't get angry at her. Plenty of innocent people have been charged with all manner of crimes and still found innocent in a trial, that's the whole point of them after all.

On the note that she is actually guilty and admits she's done it again don't be angry with her. Everyone makes mistakes no matter who they are and she would need your support. At the end of the day 60k, while a relatively large amount of money is not crime of the century and it's dwarfed by many other crimes. If she is found guilty and worse case scenario happens life will still get back to normal in the end.

rutledjw
01-16-2014, 12:30 PM
I agree, deal with what's in front of you now, and anything else when, and if it appears. Don't worry about the IRS until the IRS is worried about you.

IRS is not a simple answer, because there are a number of different ways they can handle it, but know one thing for certain, if they know about it, handle it they will.


I'd think this would be problematic for the employer as well since they were also dodging taxes (their share of social security and unemployment). Aside from that note I agree with the rest of your post: deal with what you can, no sense worrying about things you can't control or address in any meaningful way...

Rlsaxton
02-13-2014, 03:49 PM
I have recently been charged with Embezzlement from a previous employer. I am headed for prelim. and am being defended by public defender. my offer so far was one year in jail county.....and restitution. I have a good job and live in a dfferent state. Never been in trouble before and i am 46. this would ruin my life. i cant afford legal council, but i want to know the possibility of me getting a better offer. I can pay a down payment and payments to pay back the money $26 ,000 but cannot go to jail.

mhvfd1310
02-13-2014, 04:07 PM
My hubby got 24 months for $255,000. Took almost two years to go to prison. Sentencing was July 2013. He finally got a letter to self surrender January 2014.

Momma Ann
02-13-2014, 04:39 PM
I don't mean to be cruel but you are likely to serve some time. You can try another lawyer but one year seems pretty fair. In county you may only serve half.

But ny all means try with a private attorney if you can afford one.

dcrc50
02-13-2014, 06:57 PM
maybe they would go for weekends in jail and budget classes in the city/state you were charged and house arrest never know explain your age and job

mleib
02-19-2014, 07:45 AM
My hubby got 24 months for $255,000. Took almost two years to go to prison. Sentencing was July 2013. He finally got a letter to self surrender January 2014.

Was his federal?

Dumbguy84
02-26-2014, 10:25 AM
So, I have just been found out by my boss. I was his personal assistant/errand girl and had our company business card for purchases. However, my story differs from others slightly. Though this was my bosses business ( card had business name on it) card it was also his personal card, meaning that it was the same account that he, his wife, and his kids all used and had cards for. I was sent to buy everything for him and after awhile spending extravagantly for him, I started to add things into purchases for myself. After all, he never checked the receipts, was filthy rich, and there was so much money being spent daily by everyone else that my additions went completely unnoticed, until they didn't. The total amount that I am responsible for when over charging is about 5k and that's a generous estimate, but the amount he can prove is a lot less, like 1000 dollars. On my last day after I was confronted on 3 charges they had receipts for ( $150 ) and left there telling them that I didn't know what they were talking about. I later came back and left 800 dollars in an envelope under his office door. He is now saying he thinks I took over 50k from him. Which is completely false. He hasn't gone to press charges yet but I think he might. He has be getting video footage for some reason, all they see is me at the stores he sent me too buying stuff. There is No way for him to remember what he sent me to buy so how is he gonna prove that I bought things that he didn't tell me to? There are at least 500 to 1500 transactions a month from this account and all from various random places and there is no way to pin point all of that to me. I guess I just needed a place to write this out. I know I will probably get arrested. It has been 7 years since my last arrest and conviction, at least I know I can get out on bond this time as long as it's not some ridiculous amount like a 20 k bail bond. At most I think I'm looking at another state jail felony. Not my first.

How much of a case do you think he has against me when there is a no way ,beyond guessing, for him to know what he had me spend money on months ago?
I know you might say get an attorney but that is one of those easier said than done things. Besides I need to save the 1500 dollars I have saved for bail in case he does call the police.

fbopnomore
02-26-2014, 01:46 PM
Talk to a criminal defense lawyer now, and stop making public admissions that can/will be used to convict you if the case ever goes that far.

rutledjw
02-27-2014, 11:39 AM
Talk to a criminal defense lawyer now, and stop making public admissions that can/will be used to convict you if the case ever goes that far.

This. And do NOT NOT NOT talk to investigators. Deny the $800. It implies guilt. Look, I'm not advocating breaking the law, but a lot of rich folks get really mean regarding money they'd never miss.

Just keep your mouth shut, deny the $800, and sit tight. Don't give anything that would give them any more ammo. Nothing!

Jazmar1
04-17-2014, 08:58 PM
I worked for a firm for about 6 months. After resigning they told me I had been overpaying myself as I was hired at 14.00 an hour and was getting paid 16.00 an hour. This mistake was made by the company's accountant but since he would send me the amounts and I would write the checks, they assumed I had to have noticed I was being overpaid. I have the email I wrote to the accountant stating that I was hired at 14.00 an hour but he made the mistake and put me at 16 an hour. Now they are saying if I don't pay back the money they will sue me for embezzlement. Can they have a case against me even though this wasn't my fault. Helllllllp!!!

fbopnomore
04-18-2014, 08:33 AM
Welcome to Prison Talk. My advice is to have a consultation with a criminal defense lawyer to learn about all of the possible outcomes you could possibly be facing.

Also do not post any details on the internet, and be sure to keep all of the emails, etc. you have accumulated. Once you know what might happen, you can make an informed decision about what to do. Best of luck.

Kstayton
05-02-2014, 10:17 AM
I was notified by the secret service in 2/12. They told me they would charge my husband cause his name was on my bank acct if I didn't come talk to them. I should have requested a lawyer. F you can't afford one they should be able to get you a pd before u talk to them. It was over 2 years later before I got sentenced. 13 months. There is no rhyme or reason to how long you will get. Some people that stole over $500k got the same time as I did for $88k.

Mykell
05-08-2014, 03:53 PM
If a person is accused of embezzling a large sum, say $100k but that amount is greatly inflated. All but a few thousand can be explained. If a plea is refused and it goes to trial what would happen if a jury thought the person might be guilty of some of it but 90% is bogus? Would they find the person guilty and thus punished for a lesser crime?

fbopnomore
05-09-2014, 07:54 AM
Ask your lawyer. As long as the government can prove all of the necessary elements of the crime (whatever they may be), and the case is sent to the jury by the trial judge, they will be able to decide on any charges sent to them (whatever they may be). At this point, there is no way to answer since so much will depend on the judge's rulings on your lawyer's, and the prosecutor's motions.

Kstayton
05-09-2014, 07:42 PM
Depends on whether it goes federal or state. And LISTEN to the people who are telling you to not say a word. I had the secret service call me and told me they would charge my family if I didn't come in that day. They are so super nice and promise they don't want to make things worse... Guess they are just doing their job but still! They recorded our entire conversation (I didn't have legal representation) and then they wrote up a report that had so many lies in it. Guess what - they said they didn't record our conversation.
I will say everyone has actually been very nice and polite and I do appreciate that. But in the end, they have a job to do and it is to get a conviction and they will get it. (Federal)

barbaragordon
05-18-2014, 08:08 AM
hi everyone. i'm new. if anyone can please be of help or support.. it would be great. here's my story.

i am honestly a good person. i'd like to think everyone is. we all make mistakes and bad decisions. some of us are just in a tighter spot than others. i am 22 years old and live with my boyfriend. my boyfriend was forced to resigned from his job and has been unemployed for almost 6 months. just recently, i stole about $600 from my employer. i basically did fake return transactions on items that were on sale. example: item was $160 sale was $60. i basically did a return and sold it back so that the inventory would not be off. i kept the difference. in about a week, it amounted to $546. i knew that i was flagged for a transaction because it popped up after that transactions with no receipt are flagged. i knew i was going to get in trouble. i got scared, so i resigned from my position. my boss was questioning why i resigned and was truly concerned. she later found out why because she received a call from my district manager and regional loss prevention manager. my boss was upset at first and disappointed. she never expected me to do something like this. my district manager was also disappointed. my rlpm questioned me about the fake transactions i did. he told me not to lie to him and be as truthful as possible. so i did not lie and told him the truth about everything. i was scared and did not know what to do. i was crying through out the whole time he was talking to me. he also told me to do a voluntary statement. i dont know if i was supposed to. i just did whatever he told me because i felt i didnt have a choice anymore. he told me that i was going to go to jail for what i did. but he said as much as possible my store manager and district manager do not want me to go to jail. i have to pay restitution for whatever i took. he also has to verify that there were no more fraudulent transactions i did. i dont even know if he is going to press charges. he said he has to think about it. he recently sent me an email asking if i had paid any amount back so that he can put it in his "file" that i made a payment. i told him that i am going to pay back the full amount. im scared... because i think if i total the amount i did, it was around $3000. i did tell him there were a few more transactions. he said that if it is over a certain amount, it would count as embezzlement and i will definitely go to jail. im scared because i dont know what is going to happen. i havent talked to my family yet. im going to be a disappointment to them. also, it is going to be hard for me to tell them because we are such a tight knit family. makes it dumb because i was too scared and prideful to ask my parents to help me with my bills. instead of stealing, they would have been more than willing to help me. i made a dumb choice. now i cant eat and cant sleep for fear that the cops will take me in the middle of the night. i have been talking to some of my friends that are criminal justice majors and they said that as long as i am being fully cooperative and show willingness and agree to pay restitution, it is "possible" this case will be dropped. i am also scared because this would ruin my future. i am going to be graduating next semester and getting my degree in computer science... who is going to want to hire me if charged with this crime? honestly, i didn't take that much but stealing is stealing no matter the cost. what should i do? im worried. i havent told my boyfriend because i am scared he wont love me or see me the same anymore.

fbopnomore
05-18-2014, 08:34 AM
The choice of what is going to happen is now up to your employer and the prosecutors (if your employer does report your theft to them). Since you have already confessed to the crime, that part can not be undone. A lawyer may be able to intervene with your employer to try to avoid a prosecution, but otherwise, you have already offered to pay restitution, so the decision will be made by them.

If you are charged criminally, your family and boyfriend will find out. If not, you can decide what to tell them, or not. Best of luck.

CenTexLyn
05-18-2014, 08:50 AM
If a person is accused of embezzling a large sum, say $100k but that amount is greatly inflated. All but a few thousand can be explained. If a plea is refused and it goes to trial what would happen if a jury thought the person might be guilty of some of it but 90% is bogus? Would they find the person guilty and thus punished for a lesser crime?

Much depends on how well the accounting can be proved or disproved at trial AND what instructions are given to the jury with respect to lesser-included offenses. And that presumes that you actually GO to trial...the reality is that MOST cases, to include financial crimes, are never going to appear on a trial docket.

Your attorney should already have engaged a forensic accountant to begin putting numbers in order so that an attack can be made on the State's numbers...

Mykell
05-18-2014, 08:59 AM
You might not think $3k is much but it's a felony. You better read all the posts on here and get a lawyer ASAP and do not wait and see what happens or it will be too late. I'm not a lawyer so you might get better advice from one and I'd listen to what they say and not someone over the internet. But the person I know going through this waited and stupidly hoped it would go away. I'd pay back all the money ASAP and pray they drop it. If they turn it over to their insurance company as a theft claim I guarantee you haven't heard the last of this. Again, get a lawyer Monday. Do not wait.

barbaragordon
05-18-2014, 09:08 AM
the rlpm told me not to because he's not sure if they are going to press charges. plus I don't have the funds to get one. I wouldn't even know where to look or what kind of lawyer I would need to hire.

fbopnomore
05-18-2014, 12:39 PM
If they do decide to press charges, you will have a lawyer. If not, and given what you posted about the case so far, it probably wouldn't help very much if you did hire one now. I hope your ex-employer will agree to restitution, not prosecution, but if they do, be sure you pay them back to the best of your ability. They will have done you a great favor.

barbaragordon
05-19-2014, 01:57 AM
I talked to a lawyer today but he told me there would be no need for one since no charges have been pressed. he also said it would have been better if I didn't talk to my rlpm. I don't know what to do anymore. waiting game is killing me

fbopnomore
05-19-2014, 07:19 AM
The "don't talk" advice won't help this time, but it is a great lesson if you find yourself facing possible criminal charges ever again.

barbaragordon
05-19-2014, 07:57 AM
What should I do now? the lawyer told me it is not needed since no charges were filed. should I get a second opinion? also, I read online that the is an online retail theft database. it shows employees who are flagged. is that true? !

Momma Ann
05-19-2014, 08:20 AM
Stop posting all these details don't speAk to anyone. If they press charges as was said before you will get a lawyer.

Mykell
05-19-2014, 01:04 PM
For those convicted of embezzlement, did the IRS go after you later? I woman I work with said they came after them after her husband was convicted. Now a person I know just took a plea deal for embezzlement. I know they can come after him but will they? Do they come most of the time?

fbopnomore
05-19-2014, 02:23 PM
Yes the IRS does regularly assess tax, big penalties and interest based on pleas/convictions for embezzlement. If it is a federal case, it's almost guaranteed they will pick it up, and I bet cases in state courts are not far behind. States with their own income taxes are also interested in "unreported income".

The spouse of an embezzler may be able to avoid individual responsibility and liability, but that isn't always true either.

Mykell
05-19-2014, 03:05 PM
How do you know if it a federal or state case? Besides monetary consequences do they try to convict for tax fraud also? Thanks for the info.

fbopnomore
05-19-2014, 04:27 PM
If the charges are brought in federal court, or state court, determines which it is.

The answer for tax fraud is "probably not", at least not for an embezzlement case that has already resulted in a prison sentence. IRS criminal cases are almost always for big dollar crimes, so the amount taken could factor into the IRS' decision.

onehalfwolf
05-19-2014, 06:34 PM
My husband left his job in a golf pro shop in January to take a much better job with another course, he put in his two weeks and was not under contract but the owner took his resignation personally. He has been accused of taking a set of irons with him on his last day valued at $800. He found out through ex co workers that the owner of the shop was pressing charges.

Detectives came to our home a couple weeks later looking for him but he was at work and they wouldn't give me any information. He tried to contact the detectives that day to figure out what was going on but they never returned his calls.

We immediately contacted an amazing criminal lawyer that is an ex DA and she said that they were there for questioning and that nothing would happen until a warrant was issued and to continue calling the court and asking if anything had been filed against him. She advised him to refuse giving a statement if the detectives contacted him again.

Today, nearly 5 months later, after hearing nothing, they came and woke us up this morning, told him to take off his wedding ring and put his hands behind his back. They handcuffed him (did not mention charges or read rights) and took him away. I heard from him about an hour later that he had been booked for felony embezzlement with bail set at 30k. No questioning whatsoever.

I contacted and retained our lawyer who advised me to NOT post his bail as he will have a pretrial/arraignment on Wednesday and the DA might dismiss the whole thing completely. She thinks that the store owner may be trying to pin any and all missing inventory in the store during his employment on him. She also thinks they booked him as a felony charge because all of the police officers in town get amazing deals at the course that is accusing him and the owner knows all of the officers. (the idea that this could be true makes me so nauseous).

She thinks they are messing with him out of loyalty to the course owner. She thinks that the DA will see that there is not enough evidence and will either dismiss this completely on Wednesday or reduce the charges to misdemeanor theft. The other options would be them sending it back to the officers for review to bring more evidence against him or go ahead and charge him for felony embezzlement.

This is all so stressful and heartbreaking. We were married in January and have been dealing with this uncertainty the whole first few months of our marriage and now he is arrested and doesn't want our families (or his current employer) to know because he's so embarrassed about all of this. It feels like a vendetta against our family and our life. I feel alone and the next 48 hours are just going to be brutal. I feel awful like I should go bail him out but our lawyer says to wait until Wednesday and pray this all just goes away because in her experience it's just "too quirky" of an embezzlement case and that the DA would have to feel like it was an easy win before prosecuting and she doesn't see how that would ever be possible.

She is advising him to plead not guilty on Wednesday and says her position now is concerning their lack of proof and exposing the unethical business practices he told her about that the company will certainly not want brought up in court.

I feel worried and helpless. Has anyone else been advised to not bail out their loved one until arraignment?

I mean what kind of evidence could they possibly have to warrant an arrest without even questioning him??

Worst case scenario, could he actually go to jail for this?!

Nickel Timer
05-20-2014, 02:17 AM
What should I do now? the lawyer told me it is not needed since no charges were filed. should I get a second opinion? also, I read online that the is an online retail theft database. it shows employees who are flagged. is that true? !

Yes, there is an online retail theft database, and if you are put on it, you will likely not be able to work in retail for at least 7 years. More info here:

http://www.avvo.com/legal-guides/ugc/retail-theft---the-implications-of-the-nmra-reail-theft-database

Since you already forfeited your rights and incriminated yourself before the RLPM, if I were you I'd try to pay back everything as soon as possible. But even if they don't press criminal charges, since it sounds like you signed a written statement, you could still be put in that no-hire database, which will affect your employment for years to come.

You should have never talked to the RLPM -- they aren't there to help you, but to screw you over any way they can.

barbaragordon
05-20-2014, 05:04 AM
this is terrible. I don't know what to do anymore now. my life is pretty much ruined now.

barbaragordon
05-20-2014, 05:04 AM
is there a way to check what retailers subscribe to this

fbopnomore
05-20-2014, 07:17 AM
If you trust his lawyer, then do what she says to do. Once he appears in court in 2 days you will have a better idea of what is happening to the case and you can bail him out then.

Not knowing what will happen in the future is the hardest part of the entire process, so it is important that you both stay strong for each other. Try not to anticipate the worst disaster possible, for example your life is definitely not over, and nobody is barred from taking any job yet.

Best of luck to both of you.

Nickel Timer
05-22-2014, 02:08 PM
this is terrible. I don't know what to do anymore now. my life is pretty much ruined now.

Your life isn't ruined, Barbara. We all make mistakes in life.

You just may not be able to work in retail for 7 years until it drops off your record, but you could certainly work other fields, like waitress or cashier at a restaurant or something in the mean-time. There are lots of jobs out there besides retail.

I'm a convicted thief (burglary/grand-theft) from over 18 years ago, my probation officer way back when told me I'd never be able to work in a job handling cash, but look at me now: working part-time as a hotel night auditor while I attend college full-time. My boss even trusts me with the company credit card which I use all the time to order office supplies online and what not. I've never abused my authority.

Time heals everything. Just try to stay positive, find another job to keep yourself busy, and after 7 years if you still want to go back and work in retail, you most likely can.

Momma Ann
05-23-2014, 09:31 AM
For onehalfwilf. Staying inside not bailed out forces the DA into court right away. If on bail you could face delay after delay. You seem to trust your lawyer. Do what they advise.

darwin
06-10-2014, 11:29 AM
At 3k felony there should be room to get that down to a misd if you kiss some one's ass, restitution, community service etc.....

Mykell
06-12-2014, 06:22 AM
Well, my family member took the plea for the 5 year felony. They get sentenced next week. No priors and a huge dispute about the amount actually taken. I don't think the lawyer was very good. I'm wondering what he's actually done really. The recommended time is 0-6 months plus restitution. My family member admits taking around $2k they were originally accused of $90k. That huge difference is legit work he claims he did for the company. Without a hearing, how will the restitution amount be determined? If given time, will he leave immediately for prison or be given a date to report? Thx.

fbopnomore
06-12-2014, 08:21 AM
All of that will be up to the judge, and possibly the terms of the actual plea agreement his lawyer was able to work out. He may be allowed to self surrender to prison at a later date, or he could leave court in handcuffs too. The amount of restitution will also be decided by the judge, but hopefully after your family member gets to present his 2K versus 90K argument.

Mykell
06-12-2014, 09:26 AM
Would he present that to the judge during sentencing or does the judge already have the sentence figured out before even starting? Seems the disputed amount would be a whole hearing on its own that would take days if not longer. The plea was guilty of embezzlement of between $2-$20k. Could they say guilty of that but restitution could be more like $50k?

yourself
06-12-2014, 09:48 AM
Would he present that to the judge during sentencing or does the judge already have the sentence figured out before even starting? Seems the disputed amount would be a whole hearing on its own that would take days if not longer. The plea was guilty of embezzlement of between $2-$20k. Could they say guilty of that but restitution could be more like $50k?

generally, the amount is settled by plea, and the restitution is for that amount. there is no real hearing on the matter as it's not contended (if it were, then there would be no plea deal - your LO has to admit to taking the amount of the charge).

What's relevant during sentencing is the Defendant's record, acceptance of responsibility, actions taken by the defendant to mitigate damage and to correct the conditions and thinking that led to the offense to begin with, community and family support, and how pissed the victim is/damage done as a result to the victim.

Surrender can also be a term negotiated by the plea. Generally, federal charges allow for self surrender at a later date easier than state, and state you're much more likely to walk out between bailiffs wearing handcuffs.

Mykell
06-16-2014, 11:36 AM
Well, sentencing came today. Prosecuter recommended 0-6 months plus restitution and he got 1 year in prison and $72k in restitution. In actuality, he didn't take even a third of that much but it didn't matter. So taking the plea of $2k-$20k was meaningless. Should have fought it in court because no way they could prove that much was taken. Taking the plea deprived him of any chance to contest the amount of the money in dispute. The lawyer we hired was terrible. Was woefully unprepared and couldn't answer questions the judge asked. When the judge asked the amount he actually took, the lawyer fumbled with papers and pulled $50k out of his @ss which isn't even close. So an older person in not very good health and no priors gets 1 year. What an effing crock. I'm not looking forward to breaking the news to the kids who had no idea what was happening.

fbopnomore
06-16-2014, 07:14 PM
I'm sorry he was sentenced to a longer prison sentence than you guys expected. I'm not making excuses for your lawyer, you know better than anyone how good a job was or was not done, but there is also one other possibility you are missing. Since there is no argument that he did steal something, only the actual amount he took, he would have been found guilty if he had decided to fight the charges in court. In almost every case, his sentence would have then included a big "going to trial but losing" penalty, up to the entire 5 years in prison. Money is only money, but every month an elderly person serves in prison is brutal punishment.

Mykell
06-17-2014, 04:11 AM
I was hoping for probation or house arrest but the year in jail, while harsh, isn't really unfair. I just have a problem with "if you don't take the plea you'll be facing the 20 year felony" threat. He should be charged with the actual crime he committed not some crime inflated so that company gets 700% ( not an exaggeration) restitution. And when he gets out of prison it will be impossible to pay that back not to mention an aging, disabled, felon getting a job. While I don't mind helping I have my own family to worry about and now he'll have to live with me while I support him. The whole thing just sucks. Told my kids last night and they thought I was joking at first. It's pretty horrible.

fbopnomore
06-17-2014, 08:03 AM
I totally agree, but coercing guilty pleas instead of going to trial is the only way the criminal justice system can continue to imprison so many citizens without having the entire system crash around them. The worst part is when the prosecutor can threaten to significantly overcharge the crime that actually occurred, but still know that the judges will go along, up to and including adding a huge "trial penalty" to the sentence.

When threatened with a 20 year sentence at the same time as they are offering one year for a guilty plea, you at least have to consider that what they are telling you is more of a promise than a threat.

Once he is released from prison, you are not ever obligated to pay any portion of his restitution. Even so, you will be well served to find out what not to do in order to keep your own assets out of harms way.

Mykell
06-17-2014, 08:19 AM
It's an inlaw so I can't see how it has anything to do with me or my assets. The only way my assets are suffering is all the money I paid the crappy lawyer who did next to nothing and all the money I'll be spending on the phone accounts, etc that I'm trying to figure out. I've never known someone who screwed up this bad before so it's all new territory for me. I would like to thank you and others for all the advice and info you've given me. I've unfortunately have had to learn a lot lately.

fbopnomore
06-17-2014, 10:06 AM
I agree that you have very little to be concerned about personally. Just be sure to explore all of the possibilities if you ever decide to co-sign for him, or add him jointly to an asset like a bank account, real estate, or a business, whatever.

Tripbccc12
10-13-2014, 02:36 PM
I been arrested for embezzlement of 17 dollars!! What do you think will happen to be in court!! I'm worried it's my first time and it was a honest mistake I stuck a 1 dollar thinking it wS a 20 dollar and got change after I rung my self up and the arrested me and I'm out on bond until court

yourself
10-13-2014, 02:40 PM
I been arrested for embezzlement of 17 dollars!! What do you think will happen to be in court!! I'm worried it's my first time and it was a honest mistake I stuck a 1 dollar thinking it wS a 20 dollar and got change after I rung my self up and the arrested me and I'm out on bond until court

you need to talk with your attorney and calm down. YOu need to quit confessing on a public bulletin board system (aka online) as nothing is ever really anonymous.

Get an attorney if you don't have one already. Talk with your attorney.