fFOLLOW-UP Fraudulent claim of theft from job

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fFOLLOW-UP Fraudulent claim of theft from job

I think I failed to pose my question correctly in the prior post. Each job takes x hours, and the employer only has 4 employees. IF the records show that his company completed more work than his employees could produce in logged hours, would that bolster her claim that the money was used to pay illegals and she didn’t take it?

Asked on June 17, 2009 under Criminal Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No. While the the evidence you cite would argue--very strongly--that the company must somehow be underreporting hours, payroll, etc., it does not actually prove that your friend did not take the  money. That's not to say that it  might not be helpful to do this--it can part  of your friend's defense--but look at it this way: the company could be paying workers off the books and underreporting taxes *and* your friend could be stealing; the two things are not mutually exclusive. If she cashed checks and took money from petty cash, it's not unreasonable for a prosecutor, or judge, or jury, to conclude that she took the money herself.

She needs to prove that the money was not taken by her--that it went somewhere else. Merely proving the company was violating various laws does not by itself prove that she did not steal.

So yes...she should do what you suggest if she can, because it does help back up her case; but it's not nearly enough by itself.


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