How much trouble could my husband be n for using a company card for personal use?

My husband used his company’s credit card for personal use. The total ended up being almost $5000. He claims it was a mistake because the card was somehow linked to his personal bank account. It was linked to his personal account but it was no mistake. How much trouble could he be in? Also, his boss has alerted him that he knows and said he was going to the police but that was about 2 weeks ago. How does that process work?

Asked on February 26, 2019 under Criminal Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

1) If he knowingly or intentionally (i.e. not by a credible or reasonable oversight or mistake) used a company credit card for $5,000 of his own expenses or purchases, that is the same thing as if he stole $5,000 from the company by stealing petty cash or transferring money from a company account to himself. Stealing $5,000 is a felony--the sort of offense which can result in more than a year in jail. (That doesn't mean he automatically will get jail--he could get some combination of probation, a suspended sentence, community service, and a fine--but jail is definitely a possibility.)
2) He can also be forced to repay the money--either as part of his criminal sentence (restitution) or by being sued for it by the company.
3) It can take several weeks or longer to bring charges: they won't bring them while still actively investigating and looking foir evidence in many cases. If there is reason to think your husband did more than you know, they could be still looking into the full extent of his wrongdoing.
How charges are brought depends on what charges they decide to bring.
Also, you don't know if his employer did take this to the police or not; and even if they did not yet, they still could. There is no way to say how the process will unfold from here.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.