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Embezzlement... Charge and indicted

Asked May 22, 2012, 03:06 PM — 16 Answers
So here the low down on what happened to me. I once worked for the great company Winn-dixie. No joke I really think it was a great place to work. During my employment I started making and selling beef jerky on ebay from 2006-2010. The ebay jerky business had gotten so big that I was buying three 80lb boxes of meat a week from the store to produce the jerky. Life was good...in fact great....till the asset protection lady walk her *** in and slapped an embezzlement suit on me. She that I took advantage of sale items because I would buy meat that was on sale and that I abused my crappy 5% employee discount. The total over a 4 year period is $16237.23 that they say should have been paid. They got this amount from sale items that they say should have been retail and the 5% discount. I was arrested, charged and have been indicted. The question I have is how long can they wait before going forword? I was indicted on August 16 2011 and it is now May 22 2012. I was going to Have court in november 2011 but when I got there I was not on the docket for that day and have since not been on any. Every time I ask my lawyer what's going he says let sleeping dogs lay. What should I do?

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16 Answers
ScottGem's Avatar
ScottGem Posts: 58,571, Reputation: 28375
Computer Expert and Renaissance Man
  
#11

May 23, 2012, 01:51 PM


Ask him why he's waiting for the DA to make a move? I suspect he has a strategy, and it might make sense to stretch this out. But you are entitled to a more detailed explanation of his strategy.
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excon's Avatar
excon Posts: 21,041, Reputation: 15510
Expert
  
#12

May 24, 2012, 06:21 AM


Hello l:

Couple things.. Listen to your attorney.... That's why you hired him.

You say an indictment was handed down... There must have been SOME evidence of wrong doing before they would have indicted. This isn't like there was ONE incident. This was an ongoing crime, IF it was a crime at all.. Before charges would have been filed, there would have been a LONG and drawn out investigation. You would have been CENTRAL to the investigation.,. Your receipts SHOULD have been enough to put the kibosh on the investigation..

Somethings funny.

excon
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lucasjerky's Avatar
lucasjerky Posts: 10, Reputation: 15
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#13

May 24, 2012, 06:46 AM
Quote:
Originally Posted by excon View Post
Hello l:

Couple things.. Listen to your attorney.... That's why you hired him.

You say an indictment was handed down... There must have been SOME evidence of wrong doing before they would have indicted. This isn't like there was ONE incident. This was an ongoing crime, IF it was a crime at all.. Before charges would have been filed, there would have been a LONG and drawn out investigation. You would have been CENTRAL to the investigation.,. Your receipts SHOULD have been enough to put the kibosh on the investigation..

Somethings funny.

excon
]
Nothings funny. The grand jury can only go by the evidence presented to them by the DA. The trial is where my lawyer will sqash them. And to come here to asking for help then accussed by you is an outrage. All i ask in my question was what do i need to do? My lawyer keeps saying let sleeping dogs lay. I just want to know is this something that lawyers do? Does my lawyer suck?To me the justice system isnt 100% right all the time. Atleast in my case i dont think so.
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RickJ's Avatar
RickJ Posts: 10,075, Reputation: 4374
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#14

May 24, 2012, 07:11 AM
Quote:
Originally Posted by lucasjerky View Post
She that I took advantage of sale items because I would buy meat that was on sale and that I abused my crappy 5% employee discount. The total over a 4 year period is $16237.23 that they say should have been paid. They got this amount from sale items that they say should have been retail and the 5% discount. I was arrested, charged and have been indicted.
Most of their case may reference your employee agreement. If an employee agrees to not take unfair advantage of sale items (like maybe buying them before they are put out to the public) or uses the employee discount to profit, then they may have a case.

I wonder, though. Based on what they say you owe them ($16k+), then they are claiming that you bought well over $320,000 worth of meat from them in that 4 year period.

Is that right?

You DEFINITELY need to make sure that you have a good attorney... AND do what he says... OR try to settle out of court - UNLESS you have a rock solid defense of the charge(s) against you.
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excon's Avatar
excon Posts: 21,041, Reputation: 15510
Expert
  
#15

May 24, 2012, 07:30 AM


Quote:
Originally Posted by lucasjerky View Post
to come here to asking for help then accussed by you is an outrage.
Hello again, jerky:

Relax.. I wasn't accusing you. I was fishing for more information to help you with, because there IS something funny going on here.

Given your story, the highlights of which includes your books being in order, your transactions being out in the open, and NO proven losses to the company, not only would the civil suit fall flat, the cops would NEVER have even begun an investigation. Something is funny

Nonetheless, your attorney is telling you RIGHT. As time goes by, people forget exactly what happened... People move. Cops LOSE stuff.

excon
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lucasjerky's Avatar
lucasjerky Posts: 10, Reputation: 15
New Member
  
#16

May 24, 2012, 08:21 AM
Quote:
Originally Posted by excon View Post
Hello again, jerky:

Relax.. I wasn't accusing you. I was fishing for more information to help you with, because there IS something funny going on here.

Given your story, the highlights of which includes your books being in order, your transactions being out in the open, and NO proven losses to the company, not only would the civil suit fall flat, the cops would NEVER have even begun an investigation. Something is funny

Nonetheless, your attorney is telling you RIGHT. As time goes by, people forget exactly what happened... People move. Cops LOSE stuff.

excon
Ok buddy. Im relaxed now. One other thing i guess needs to be mentioned in winn-dixie no longer exist. it was purchased by bilo. It is still called winn-dixie but is no longer on the nyse. Their asset protection person no longer works there she is now with another company. Will this effect my case? Hope so.
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ScottGem's Avatar
ScottGem Posts: 58,571, Reputation: 28375
Computer Expert and Renaissance Man
  
#17

May 24, 2012, 10:21 AM
Quote:
Originally Posted by lucasjerky View Post
Ok buddy. Im relaxed now. One other thing i guess needs to be mentioned in winn-dixie no longer exist. it was purchased by bilo. It is still called winn-dixie but is no longer on the nyse. Their asset protection person no longer works there she is now with another company. Will this effect my case? Hope so.
Only if the company withdraws the charges and asks the prosecutor not to prosecute. Since embezzlement is a criminal offense, once reported the state can continue with prosecution without the claimant.

But if the LPS person is not available for testimony and the local store or corporate doesn't want to pursue this may be dropped. Another reason why your lawyer is suggesting letting sleeping dogs lie.
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