Employee has been Embezzling money from our company

[tasuinam]

Sorry but i didnt know this was a lawyers forum?

We live in Canada and the laws regarding banking are much different.

You guys are all so certain he will win in court.

Police will tell company its a civil matter.

Banks wont release account holder information to other parties.

Shipper already paid for loads to the actual hauling party even though it was your companies equipment being used...

You guys are so out of touch...

Too many episodes of Law and Order have gotten to your minds.

In my old life we were in a similar situation - a board member embezzeled funds - we had CCTV footage of said member / this was cash and cheques - they apparently went to another bank and cashed the cheques - we don't know how. The bank released no info eventhough we had a police report and they were of no help.

The court order just stated the person had to return the funds - or get arrested. We never saw the money and in the end the person never got arrested either - had to write it off.

So best advice is stop the bleeding - get a police report and collect all the eveidience ... best that will happen is the person may go to jail if you pursue it - you will not see any $$$$

 

[MLCAR]

Sorry but i didnt know this was a lawyers forum?

We live in Canada and the laws regarding banking are much different.

You guys are all so certain he will win in court.

Police will tell company its a civil matter.

Banks wont release account holder information to other parties.

Shipper already paid for loads to the actual hauling party even though it was your companies equipment being used...

You guys are so out of touch...

Too many episodes of Law and Order have gotten to your minds.

This is a case of embezzlement and possible wire fraud. This is not a civil matter lol. I'd be here all day if I was to explain why but yes this is serious offence on a federal level. An old employer of mine was in a similar situation, (the equipment was used to steal a load) and payment was sent to the employee. as @tsuinam said we never recouped the funds even though the guy was found guilty. He agreed to a "repayment plan" and then left for India.

 

[Deisel1]

I think either way you are in a lose/lose situation from a monetary position.
I suggested speaking with an employment lawyer to discuss the proper method of dismissal.

Starting fresh with the client, ensuring they have the proper billing information, and writing off any losses.

 

[NotForHire]

In my old life we were in a similar situation - a board member embezzeled funds - we had CCTV footage of said member / this was cash and cheques - they apparently went to another bank and cashed the cheques - we don't know how. The bank released no info eventhough we had a police report and they were of no help.

The court order just stated the person had to return the funds - or get arrested. We never saw the money and in the end the person never got arrested either - had to write it off.

So best advice is stop the bleeding - get a police report and collect all the eveidience ... best that will happen is the person may go to jail if you pursue it - you will not see any $$$$

exactly as i said...

 

[LrgCar]

exactly as i said...

It really depends on a case-to-case basis, to write off a verdict based purely on opinion and some past events aren't helping anyone. There are too many factors in this, amount of money, evidence, prior criminal history, what is being down, and how it was done. If bigwigs can get jailed for committing wire fraud in corporations, little miss Betty in your AR dept isn't exempt, it's a federal offense.

 

[Packrule]

Sorry but i didnt know this was a lawyers forum?

We live in Canada and the laws regarding banking are much different.

You guys are all so certain he will win in court.

Police will tell company its a civil matter.

Banks wont release account holder information to other parties.

Shipper already paid for loads to the actual hauling party even though it was your companies equipment being used...

You guys are so out of touch...

Too many episodes of Law and Order have gotten to your minds.

This is an odd response i read the thread and very few if any commented that the party would win, there is no mention of what country but likely Canada so not sure why you mention laws in Canada. Most suggested they contact their lawyer first to get assistance on direction. Very few if any gave legal or other suggestions other than to get moving to resolve.
Most companies have a lawyer may cost a few bucks but ask the question. You're comments were not helpful at all to the party or anyone else in the thread.
Out of every response in here the only one out of touch is the one I made a decision to respond about.

 

[NotForHire]

It really depends on a case-to-case basis, to write off a verdict based purely on opinion and some past events aren't helping anyone. There are too many factors in this, amount of money, evidence, prior criminal history, what is being down, and how it was done. If bigwigs can get jailed for committing wire fraud in corporations, little miss Betty in your AR dept isn't exempt, it's a federal offense.

 

[Upper Ech]

You're missing the point @Packrule is making

 

[LrgCar]

@NotForHire
Yes, but redirecting the funds is illegal if you're in a trusted position IE. providing the incorrect remittance info to benefit yourself and defraud the rightful owner of the funds. Either way, I dont see a point in arguing this, and neither you nor is anyone else in this thread lawyer. Let's hope OP gets everything figured out and gets their money back.