What should we do if my husband’s former employer is accusing him of fraud?

My husband quit his job almost 2 weeks ago. Yesterday we got a letter from his former employer claiming my husband made unauthorized purchases on the company credit card.. The letter stated that they were providing a “partial” list of items purchased and demanded they be returned. The letter went on to say that my husband committed fraud and that the matter could elevate for a criminal case. First, if my husband provides the items which were supposedly purchased without authorization, can he still be prosecuted? Second, can his company provide him with only a partial ist and threaten to press charges, even if he made those purchases in good faith?

Asked on October 28, 2014 under Criminal Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Please seek legal help as soon as you can.  These are very serious charges that could follow your husband through the rest of his employment life and they need to be dealt with. Now, for this type of fraud - credit card fraud - " it would have to be proven that your husband "knowingly” possessed the credit card with the “intent” to somehow defraud his employer. But there are defenses - which you seem to allude to here - such as permission or even a true belief he had permission to use the card either through conversations or past occurrences. So please, get help.  Good luck.


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