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


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.

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