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-   -   Theft from employer (https://www.askmehelpdesk.com/showthread.php?t=270853)

  • Oct 18, 2008, 06:10 PM
    taraasmith
    Theft from employer
    My boss is a sex addict, he has done several things in the office that are defensive I have a employment attorney already and he is filling a sexual harassment case, but then I get a call from the police saying the checks he gave me for sexual favors ( that I never went through with) he is saying I stole they want me to come down and fill out a statement he told me that if he does not hear from me that he will come and arrest me. Is this my word against his? And being arrested before they can prove if I am lying or not is "guilty until proven innocent?" If I go down and tell him my side of the story can he arrest me? I am a single mother of 3 I cannot be arrested!! Please help what To Do?:confused:
  • Oct 18, 2008, 06:16 PM
    J_9
    Did you cash the checks that were used for sexual favors that you never went through with?
  • Oct 18, 2008, 06:26 PM
    taraasmith
    Quote:

    Originally Posted by J_9 View Post
    Did you cash the checks that were used for sexual favors that you never went through with?

    Of course I did my friend is also involved he paid her to do a 3 way with me but we both strung him along and never planned to go through with it. This all happened after he found out I was talking to a attorney for sexual harrasement, but can the police arrest me when I go to talk to them?
  • Oct 18, 2008, 06:28 PM
    J_9
    Well, now you see, it is your word against his. You accepted payment for sexual favors, so that is not going to look good on your side.
  • Oct 18, 2008, 06:32 PM
    taraasmith
    Quote:

    Originally Posted by J_9 View Post
    Well, now you see, it is your word against his. You accepted payment for sexual favors, so that is not going to look good on your side.

    I realize that but what I need to know is can they arrest me before the investigation proves he is right over me? I would assume that they have to prove I stole these checks. And if I go to talk with the police can they arrest me right there before they get real proof?
  • Oct 18, 2008, 06:56 PM
    J_9
    Quote:

    Originally Posted by taraasmith View Post
    Also considering you are not an attorney Maybe you should not be answering out of your profession last time I checked a Nurse did not hold a legal degree But thanks

    I have 11 years in the legal field prior to becoming a nurse. You can see that if you read my biography.

    Now, since you cashed the checks that were written to you in fulfillment of a sexual favor, it is now up to you to prove that you did not go through with it.

    Yes, you can be arrested because this could be considered, depending on where you live, prostitution.

    It is now your burden of proof that you did not perform the sexual acts, yet you cashed the checks as if you did.
  • Oct 18, 2008, 07:01 PM
    taraasmith
    Quote:

    Originally Posted by J_9 View Post
    I have 11 years in the legal field prior to becoming a nurse. You can see that if you read my biography.

    Now, since you cashed the checks that were written to you in fulfillment of a sexual favor, it is now up to you to prove that you did not go through with it.

    Yes, you can be arrested because this could be considered, depending on where you live, prostitution.

    It is now your burden of proof that you did not perform the sexual acts, yet you cashed the checks as if you did.

    My whole problem with this is he told me if I want to keep my job I need to "apease
    ' him" I was affriad I would lose my job and I am a sigle mother and also I did not bring this up to my attorney that is handling my sex. Case against him because I was told I could be arrested for prostitution so now I don't know what to do! Do I just wait for them to come to me? Or do I go talk with the police?
  • Oct 18, 2008, 07:08 PM
    J_9
    Don't go talk with the police!! Heavens no... they are not on your side.

    What does your attorney have to say about this.

    Unfortunately, you accepted and cashed the checks. So, it does not look good to be you right now.

    You accepted and cashed the checks which places the burden of proof on you.
  • Oct 18, 2008, 07:13 PM
    Fr_Chuck
    Everyone sitting in jail that is waiting for trial, and everyone out on bail have all been arrested.

    If there is enough evidence to believe they need to go to trial, then they arrest you. You are not guility but you are arrested which has to happen before you go to trial.

    Several problems here, sexual harassment has to be unwanted, and one of the requirements is often you have to say NO or tell them you are not interested. But even then if his sexual advances were unwanted and you just did not say no, it is likely this is harassment.

    But part of the problem here is that you agreed, you and another girl talked to him and agreed to do things for a certain amount of money.

    You then even took the money.

    This is going to seriously hurt any harassment law suit. Since they will merely say it can not be harassment if you agreed to it, and agreed to the point of taking money for it.

    ** That was the harassment law suit problems. Now some companies will offer a small settlement to make it go away.

    Now for the criminal issues, real problem here, esp if the other girl may make a plea deal of some sort of plea deal to get her out of it, and say it was your idea.
    But if you and another girl agree to have sex for money and take the money, that is illegal in most states for just doing that and you can be convicted if they prove that was what the money was for.

    Using the defense you never intended to have sex is no real defense, but actually moves it to a more serious crime of fraud.

    So I would say change from a civil rights attorney and hire the best criminal attorney you have.
    You are in a world of trouble.

    Don't go talk to the police without an attorney, if you get arrested first, still do not talk, not one statement withouit an attorney. What you just told us here, if you were to say that is enough to convict you.
  • Oct 18, 2008, 07:20 PM
    taraasmith
    Quote:

    Originally Posted by J_9 View Post
    Don't go talk with the police!!! Heavens no...they are not on your side.

    What does your attorney have to say about this.

    Unfortunately, you accepted and cashed the checks. So, it does not look good to be you right now.

    You accepted and cashed the checks which places the burden of proof on you.

    Well I guess the only proof I have is gave my friend checks also for a 3 way with him , her and myself plus we have past women who worked for him that are part of the sexual harassment case against him as witnesses on my side things that have happened to me they have also seen happen to other employees in the past but as far as the checks I do not know if anyone else has gone through that yet. But can the police come to my house and arrest me if I decide not to talk to them? He gave me until Monday to decide if I want to give him a statement, he said if I don't he will get a warrant for my arrest and come to my home and pick me up. I though it was innocent until proven guilty not the other way around! :confused:
  • Oct 18, 2008, 07:44 PM
    Wondergirl
    Quote:

    Originally Posted by taraasmith View Post
    I though it was innocent until proven guilty not the other way around!!:confused:

    The law says you are innocent until proven guilty, but meanwhile you can be arrested, will go to jail or be allowed to pay bail, and will eventually go to court where the legal system will find out if you truly are innocent.

    Please reread what FrChuck said--don't confess anything, and hire a criminal lawyer.
  • Oct 18, 2008, 07:47 PM
    Fr_Chuck

    Also often the police will threaten to arrest if you don't come down, guess what they can and are allowed to lie to you to get you to confess.

    They can lie about evidence against you, But if they though they had enough evidence they would not even be asking you to come down, they would be sending a car just to pick you up. But if you don't go down, they can come to you and try and get you to talk.
  • Oct 19, 2008, 07:19 AM
    twinkiedooter

    Why in the world would you accept and cash a check from this man. He is quite clever writing checks for his prostitution needs. If you were truly on the up and up you would have flatly refused. Apparently your greed got in the way of you thinking straight. I don't care how many kids you have to feed, etc. It just is not going to wash before a Judge.

    Get a good criminal attorney and drop the sexual harassment case as this is clearly not a sexual harassment case as he has you taking checks for sexual services. And then the part where you wrote your friend a check for her part in a 3 way just proves that you were in agreement with the whole thing. Even if you planned on not going through with this service to him, you and your friend were more than willing to accept a check. Whatever his clever reason for writing you a check for this is way beyond me. Apparently you had a cash register for a brain that day and forgot common sense.

    I don't think it's going to be too difficult to prove that you indeed took the money for prostitution services as you happily cashed the check.

    You could have refused his original offer and quit your job. Then you could have filed for sexual harassment. That would have been a case. Now you don't have any case against him. He certainly can call in the police now and have a case against you for prostitution and fraud.

    What were you thinking?

    Hire a very good criminal attorney to get you out of this mess.
  • Oct 19, 2008, 12:42 PM
    taraasmith
    Theft from my employer 2
    The first question I posted was a lie, I wanted to see what kind of answers I would get. Now here is the truth!! I do have an employer that is a sex addict, he has done and said things that are wrong ( if I get into them we will be here all day) I was so upset and felt worthless that I started to print out my own checks, signing them and cashing them, for some reason it made me feel better about the way I was treated at work. Then he let me go because he heard that I went and got a attorney, and I did. A few days later I got the call from the police saying they need a statement from me, my half of the story. But he also said my ex-employer wanted my skin. I can't blame him, at first it was just one check then it was so easy every time I needed money I just printed out another. My so called friend of over 20 years said if I don't print her one then she would turn me in, then someone broke into the office and stole some stuff (not sure what was taken) but I'm pretty sure she had something to do with it! What do I do? Please help!
  • Oct 19, 2008, 12:50 PM
    Fr_Chuck

    I have merged your posts, please do not start new threads when adding new info to orgainal post.

    As noted how much money total did you take, how much did you give friend, this is theft ( may be called another crime) and depending on how many times ( they may make each one a separate charge) or how much total it is.

    There is no excuse for stealing, you quit, you report then, any law suit you file at this point and time will just look like a criminal trying to get back at boss after getting caught *** sorry but if I was on a jury it sure would

    So you hire the very best criminal law attorney you can afford.
  • Oct 19, 2008, 12:58 PM
    taraasmith
    Quote:

    Originally Posted by Fr_Chuck View Post
    I have merged your posts, please do not start new threads when adding new info to orgainal post.

    As noted how much money total did you take, how much did you give friend, this is theft ( may be called another crime) and depending on how many times ( they may make each one a seperate charge) or how much total it is.

    There is no excuse for stealing, you quit, you report then, any law suit you file at this point and time will just look like a criminal trying to get back at boss after getting caught *** sorry but if I was on a jury it sure would

    So you hire the very best criminal law attorney you can afford.

    First I hired an attorney for the sexaul harassment case before all this came down and I have other gals who worked for him in the past as my witnesses and as part of the case. And I never kept track of how much money was taken, will they make a deal with me if I know who was involved in the office theft and I think I know where the items are being kept( Not one hundred % sure) I think I can get this person to tell me.
  • Oct 19, 2008, 07:00 PM
    J_9
    Quote:

    Originally Posted by taraasmith View Post
    The first question I posted was a lie, I wanted to see what kind of answers I would get. Now here is the truth!!!

    Now, how can we believe a word you say? We can't you lied once, how do we know you aren't lying again?
  • Oct 19, 2008, 07:06 PM
    Wondergirl
    Quote:

    Originally Posted by J_9 View Post
    Now, how can we believe a word you say? We can't you lied once, how do we know you aren't lying again?

    The new story sounds even less possible than the first did. She printed up checks and cashed them? On whose account? And a bank honored them? And how did she print them so realistically? I'm totally lost in all the fabrications.
  • Oct 19, 2008, 07:07 PM
    J_9
    Quote:

    Originally Posted by Wondergirl View Post
    The new story sounds even less possible than the first did. She printed up checks and cashed them? On whose account? And a bank honored them? And how did she print them so realistically? I'm totally lost in all the fabrications.

    Now we have bank theft... Hmmmm what's next?
  • Oct 19, 2008, 07:10 PM
    Wondergirl
    Quote:

    Originally Posted by J_9 View Post
    Now we have bank theft....Hmmmm what's next?

    A new TV crime show for mid-season? An Agatha Christie wanna-be? Trouble is, the storyline doesn't even make sense.

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