My assistant forged checks to himself. What is the best way to get my money back?
February 7, 2012 4:16 AM Subscribe
My assistant wrote checks to himself from my account - what is the best way to get my money back?
I have a property management business. I just went through and checked all the transactions on my bank account because I was short money. I discovered that my assistant had written checks to himself on my account and cashed them for a total of $2070.
The signatures are obviously not mine, though good enough to get through the bank I guess. Do they even check signatures?
If I take them to the bank and go through the police, do they make the person pay back the money if it goes to court?
I think I might have a better chance of getting the money back if I talked to him. His mother has money and will possibly pay me back to keep her son out of jail.
I would like to hear from anyone who has experience with this.
I feel like such an idiot. I treated this person very well and I was very generous to them - and they stole from me.
I have a property management business. I just went through and checked all the transactions on my bank account because I was short money. I discovered that my assistant had written checks to himself on my account and cashed them for a total of $2070.
The signatures are obviously not mine, though good enough to get through the bank I guess. Do they even check signatures?
If I take them to the bank and go through the police, do they make the person pay back the money if it goes to court?
I think I might have a better chance of getting the money back if I talked to him. His mother has money and will possibly pay me back to keep her son out of jail.
I would like to hear from anyone who has experience with this.
I feel like such an idiot. I treated this person very well and I was very generous to them - and they stole from me.
Go through your bank and the police! Your bank may reimburse you and go after him for the money, especially if the signature doesn't match.
As someone who has a personal assistant/employees, I say please, report him. Do it for me so I don't get ripped off next.
posted by PorcineWithMe at 4:24 AM on February 7, 2012 [7 favorites]
As someone who has a personal assistant/employees, I say please, report him. Do it for me so I don't get ripped off next.
posted by PorcineWithMe at 4:24 AM on February 7, 2012 [7 favorites]
Response by poster: I feel so bad because I've also just lost him as a friend.
My dearest friend who is also my contractor just had a heart attack (third one) and is in the hospital.
Another friend/contractor fell off a ladder last week and bruised his heart and broke 2 ribs and is not able to work.
The other person who does maintenance for me is a close friend of my assistant and I now feel weird about having him work for me, though there's no evidence he was involved.
I have had a headache for the past 2 days and my doctor says it's a migraine. When I found those forged checks in my online bank account it really started pounding.
I feel terrible, mentally and physically.
posted by Melsky at 4:48 AM on February 7, 2012
My dearest friend who is also my contractor just had a heart attack (third one) and is in the hospital.
Another friend/contractor fell off a ladder last week and bruised his heart and broke 2 ribs and is not able to work.
The other person who does maintenance for me is a close friend of my assistant and I now feel weird about having him work for me, though there's no evidence he was involved.
I have had a headache for the past 2 days and my doctor says it's a migraine. When I found those forged checks in my online bank account it really started pounding.
I feel terrible, mentally and physically.
posted by Melsky at 4:48 AM on February 7, 2012
Call the police. Do that first. Why wouldnt calling the police be your first step?
posted by majortom1981 at 4:52 AM on February 7, 2012 [9 favorites]
posted by majortom1981 at 4:52 AM on February 7, 2012 [9 favorites]
Best answer: If you really want/need the money back, you have to go to the police. It's naive to think you can confront someone that brazenly criminal and they'll just say, oh, you're right! I'm sorry, I really feel bad! Here's your money back! Trust me, I know that from experience. Even if they say that to your face, you will probably never see all your money again.
posted by ThePinkSuperhero at 4:55 AM on February 7, 2012 [10 favorites]
posted by ThePinkSuperhero at 4:55 AM on February 7, 2012 [10 favorites]
Best answer: Definitely go to the police first. You may have the option of dropping the charges later if your assistant's mother pays the money back.
posted by orange swan at 4:57 AM on February 7, 2012 [7 favorites]
posted by orange swan at 4:57 AM on February 7, 2012 [7 favorites]
I am not sure the police will help you. The police will go talk to him, and he will say that he had your permission to write those checks, and that it was for a business expense.
The police will have nothing more than he said / she said. Their only evidence of fraud will be your word.
I think ultimately, you will need to go to small claims court. But, I think that you should call the police anyway - because when you get to court, the judge will ask, if you believed you were robbed, why didnt you call the police.
posted by Flood at 4:58 AM on February 7, 2012 [4 favorites]
The police will have nothing more than he said / she said. Their only evidence of fraud will be your word.
I think ultimately, you will need to go to small claims court. But, I think that you should call the police anyway - because when you get to court, the judge will ask, if you believed you were robbed, why didnt you call the police.
posted by Flood at 4:58 AM on February 7, 2012 [4 favorites]
Best answer: I think I might have a better chance of getting the money back if I talked to him.
You don't. You really, really don't.
Call the cops. Make a push to drop the charges if the mom pays the money back.
...
I am not sure the police will help you. The police will go talk to him, and he will say that he had your permission to write those checks, and that it was for a business expense.
The police will have nothing more than he said / she said. Their only evidence of fraud will be your word.
I'm sorry, but no. If he says that the money were for business expenses, then he'll be challenged to produce a receipt for these imagined business expenses. Plus, the signatures are "obviously not mine," according to the OP.
Small claims court would probably be the least effective option to take, unless there later develops a reason to make a civil case out of this. You would certainly call the cops before you take this to small claims court.
posted by Sticherbeast at 5:03 AM on February 7, 2012 [12 favorites]
You don't. You really, really don't.
Call the cops. Make a push to drop the charges if the mom pays the money back.
...
I am not sure the police will help you. The police will go talk to him, and he will say that he had your permission to write those checks, and that it was for a business expense.
The police will have nothing more than he said / she said. Their only evidence of fraud will be your word.
I'm sorry, but no. If he says that the money were for business expenses, then he'll be challenged to produce a receipt for these imagined business expenses. Plus, the signatures are "obviously not mine," according to the OP.
Small claims court would probably be the least effective option to take, unless there later develops a reason to make a civil case out of this. You would certainly call the cops before you take this to small claims court.
posted by Sticherbeast at 5:03 AM on February 7, 2012 [12 favorites]
I'm sorry you've had to go through this, and that it was someone you trusted and considered a friend.
Specifically, with regard to banks looking at the signatures on checks, this is generally not feasible for all transactions because the banking system would rapidly grind to a halt if staff were required to verify each and every signature, so there's usually a 'floor limit', underneath which a bank will not check the signature and it will rely on the customer to flag up anything untoward. Speak to your bank and explain that these checks were written without authority, give it the details of the person who wrote them and ask the bank to recall the payments from the banks through which the checks were processed. Also speak to the police, because forgery is a criminal act.
As for getting your money back, if your bank is unwilling to reimburse you, then take your former assistant to court.
posted by essexjan at 5:23 AM on February 7, 2012 [5 favorites]
Specifically, with regard to banks looking at the signatures on checks, this is generally not feasible for all transactions because the banking system would rapidly grind to a halt if staff were required to verify each and every signature, so there's usually a 'floor limit', underneath which a bank will not check the signature and it will rely on the customer to flag up anything untoward. Speak to your bank and explain that these checks were written without authority, give it the details of the person who wrote them and ask the bank to recall the payments from the banks through which the checks were processed. Also speak to the police, because forgery is a criminal act.
As for getting your money back, if your bank is unwilling to reimburse you, then take your former assistant to court.
posted by essexjan at 5:23 AM on February 7, 2012 [5 favorites]
Don't talk to him. Call the police then go to the bank. Banks will sometimes eat a loss if it looks like they did not follow their check cashing policy.
posted by spaltavian at 5:29 AM on February 7, 2012 [3 favorites]
posted by spaltavian at 5:29 AM on February 7, 2012 [3 favorites]
If your priority is to get your money back you should talk to an attorney before you talk to the police. An attorney's job is to be your advocate; s/he will do what is best for you. The police's job is to protect society and arrest criminals; that may or may not help you get your money back.
An attorney will know how to help you go to the police. The police, on the other hand, won't necessarily be helpful with you approaching an attorney.
Now, it may be that your attorney tells you to go to the police immediately. But you should do that because your attorney who is representing your interests tells you to.
posted by alms at 5:42 AM on February 7, 2012 [5 favorites]
An attorney will know how to help you go to the police. The police, on the other hand, won't necessarily be helpful with you approaching an attorney.
Now, it may be that your attorney tells you to go to the police immediately. But you should do that because your attorney who is representing your interests tells you to.
posted by alms at 5:42 AM on February 7, 2012 [5 favorites]
I am advocating doing what you said, go through him and his mother, getting the police involved in this is going to take a lot of time and heartache and what not. I would just ask for it back prompltly and perhaps with interest so that you don't have to take it further.
posted by stormygrey at 5:43 AM on February 7, 2012 [1 favorite]
posted by stormygrey at 5:43 AM on February 7, 2012 [1 favorite]
You could also just eat the loss and consider it one of the risks of doing business. Do you think you can put tighter controls around your accounting processes in the future?
Talk to an attorney, but if you've got cash flow and this wont kill you, mark it up to "loss", see if you can somehow account for it on your taxes as such and walk away.
Also, eat a salad with real lettuce, you know, romaine or something like it and drink a lot of water. It might help with the headache.
I know the property management business a little bit, it's good money, but high stress and long hours. Sounds like you have one hell of a load right now.
posted by roboton666 at 5:45 AM on February 7, 2012 [1 favorite]
Talk to an attorney, but if you've got cash flow and this wont kill you, mark it up to "loss", see if you can somehow account for it on your taxes as such and walk away.
Also, eat a salad with real lettuce, you know, romaine or something like it and drink a lot of water. It might help with the headache.
I know the property management business a little bit, it's good money, but high stress and long hours. Sounds like you have one hell of a load right now.
posted by roboton666 at 5:45 AM on February 7, 2012 [1 favorite]
Best answer: I'm so sorry, Melsky. A former co-worker once ripped off the company I worked at, for tens of thousands of dollars (we keep sample product in the office so the salespeople can give them to the buyers, and he was getting samples shipped to him and then selling them on Ebay, and using the company FedEx account both ways). Once it was found out, we all felt like idiots too. I mean, the boxes had been everywhere. But he was very slick about telling different lies to different departments, and it was just so brazen. But the thing is, it's not that he was a criminal mastermind and we were all morons -- it's just that we see the world we expect to see, and if you've never been conned before you don't know to be suspicious. So, please don't beat yourself up for being an idiot. We learn through experience, not instinct, which means that we learn things the hard way.
In my company's case, they did not press charges against the embezzler, but made him pay back a large sum of money; I thought it was kind of a lousy decision, because it basically meant that the embezzler's parents had to mortgage their home to pay it off for him, as he had already spent all the embezzled money. I mean, he did get fired and his wife left him and took the baby, so there were some repercussions for him, but for people on the verge of retirement to have to bail their son out of trouble by putting their home on the line just felt wrong, but there were some weird office politics at play that made keeping things quiet important to certain people.
I agree with everyone above in voting for 'talk to the police.' Maybe talk to a lawyer first, to find out what to expect of the law in your particular region, but, unless this is the first and only time he's stolen from someone (which seems extremely unlikely), he's just going to keep escalating it until he gets caught, so someone's going to have to do it.
Two things I found helpful in getting over the "how could I have been such an idiot?" aftermath were reading "The Gift of Fear" and watching the movie "Shattered Glass." While "Gift of Fear" is more about high stakes life & death situations, there was a lot that was applicable, about how people discount their own suspicions. "Shattered Glass" was helpful because I felt like it gave me a window into the embezzler's mind. I think our thief got off on the fact that he was committing the theft right under the boss's nose, and that he rationalized it by casting himself as the aggrieved party, that somehow the company was under-paying or mistreating him and the scam was his deserved payback. Your assistant probably will probably have similarly made-up justifications for his actions.
Good luck, and I hope you feel better soon. It sucks when people are sucky.
posted by oh yeah! at 5:52 AM on February 7, 2012 [11 favorites]
In my company's case, they did not press charges against the embezzler, but made him pay back a large sum of money; I thought it was kind of a lousy decision, because it basically meant that the embezzler's parents had to mortgage their home to pay it off for him, as he had already spent all the embezzled money. I mean, he did get fired and his wife left him and took the baby, so there were some repercussions for him, but for people on the verge of retirement to have to bail their son out of trouble by putting their home on the line just felt wrong, but there were some weird office politics at play that made keeping things quiet important to certain people.
I agree with everyone above in voting for 'talk to the police.' Maybe talk to a lawyer first, to find out what to expect of the law in your particular region, but, unless this is the first and only time he's stolen from someone (which seems extremely unlikely), he's just going to keep escalating it until he gets caught, so someone's going to have to do it.
Two things I found helpful in getting over the "how could I have been such an idiot?" aftermath were reading "The Gift of Fear" and watching the movie "Shattered Glass." While "Gift of Fear" is more about high stakes life & death situations, there was a lot that was applicable, about how people discount their own suspicions. "Shattered Glass" was helpful because I felt like it gave me a window into the embezzler's mind. I think our thief got off on the fact that he was committing the theft right under the boss's nose, and that he rationalized it by casting himself as the aggrieved party, that somehow the company was under-paying or mistreating him and the scam was his deserved payback. Your assistant probably will probably have similarly made-up justifications for his actions.
Good luck, and I hope you feel better soon. It sucks when people are sucky.
posted by oh yeah! at 5:52 AM on February 7, 2012 [11 favorites]
You need to go to the bank first. Go now. And no, they probably did not verify the signatures on any of the checks. Bank policy can differ, but generally they engage in manual signature verification only if the check is in a high dollar amount (which none of these were) or sets off red flags for some other reason.
Your second step should be go to a lawyer and/or the police. Given the low value of the checks, I'd be tempted to ask the police for assistance and/or advice. It may be that they tell you to lawyer up if you want your money back, but at least their advice is free.
posted by J. Wilson at 5:58 AM on February 7, 2012 [2 favorites]
Your second step should be go to a lawyer and/or the police. Given the low value of the checks, I'd be tempted to ask the police for assistance and/or advice. It may be that they tell you to lawyer up if you want your money back, but at least their advice is free.
posted by J. Wilson at 5:58 AM on February 7, 2012 [2 favorites]
Police then bank. The idea of going to him or his mother might appeal to your sense of people's better nature, but he's already shown that doesn't matter by stealing from you. Just go to the police and then the bank.
posted by Sternmeyer at 5:59 AM on February 7, 2012 [3 favorites]
posted by Sternmeyer at 5:59 AM on February 7, 2012 [3 favorites]
I am now with the "call an attorney first" crowd. I don't think the cops will work against you here, but a lawyer's advice would be worth the insurance of a consultation, especially if the lawyer knows better than the cops how to best preserve your evidence.
posted by Sticherbeast at 6:05 AM on February 7, 2012 [1 favorite]
posted by Sticherbeast at 6:05 AM on February 7, 2012 [1 favorite]
Agree with calling an attorney first. Explain everything you explained here. They will advise the best way to proceed.
posted by gjc at 6:09 AM on February 7, 2012 [1 favorite]
posted by gjc at 6:09 AM on February 7, 2012 [1 favorite]
I'm sorry for you. The money is gone. The mother has too many variables to confidently get the money from her, and one could consider this a form of blackmail. Going to him has many unknown outcomes, including his running away, harming himself, harming you, harming his mother. Go to the police, go to the bank. The have procedures to handle this. Your other employees probably know about this. They need to understand theft will not be tolerated. Consider any money returned "found money".
posted by Classic Diner at 6:12 AM on February 7, 2012 [1 favorite]
posted by Classic Diner at 6:12 AM on February 7, 2012 [1 favorite]
Totally mindless advice here about "calling the police" .. "Why haven't you called the police...?" "Call the police now...!"
OP:
consult your attorney 1st and foremost. Involving the police will be your *attorney's* call, and part of your attorney's stategy.
posted by Kruger5 at 6:18 AM on February 7, 2012 [2 favorites]
OP:
consult your attorney 1st and foremost. Involving the police will be your *attorney's* call, and part of your attorney's stategy.
posted by Kruger5 at 6:18 AM on February 7, 2012 [2 favorites]
Is your assistant on the signature card for the account? Did he sign in his own name or did he forge yours?
There may be a real possibility of recovering from your bank; their duty is to only honor checks that are properly payable, and a check with a forged drawer signature is not properly payable. Their liability may be limited depending upon how far back this goes. Go through your old bank statements, identify every improperly paid check, and bring it to the bank's attention. If they do not credit your account, consult an attorney.
With respect to your assistant, he faces very serious criminal liability. I imagine there is little possibility of obtaining any kind of restitution from him.
posted by chicxulub at 6:48 AM on February 7, 2012 [3 favorites]
There may be a real possibility of recovering from your bank; their duty is to only honor checks that are properly payable, and a check with a forged drawer signature is not properly payable. Their liability may be limited depending upon how far back this goes. Go through your old bank statements, identify every improperly paid check, and bring it to the bank's attention. If they do not credit your account, consult an attorney.
With respect to your assistant, he faces very serious criminal liability. I imagine there is little possibility of obtaining any kind of restitution from him.
posted by chicxulub at 6:48 AM on February 7, 2012 [3 favorites]
If you have an assistant you probably have an attorney? Contact them.
Good luck! I'm very sorry this happened after such a string of badness.
posted by AmandaA at 6:58 AM on February 7, 2012
Good luck! I'm very sorry this happened after such a string of badness.
posted by AmandaA at 6:58 AM on February 7, 2012
Best answer: I agree with Porcinewithme - for all his future potential employers, pleasepleaseplease report this!
posted by radioamy at 7:25 AM on February 7, 2012
posted by radioamy at 7:25 AM on February 7, 2012
Best answer: I work at a bank in Canada and I can tell you that depending on where, when and how the cheques were deposited that no one might have examined the signature. Call your bank and report the fraud. They will also be able to advise you in how to proceed.
Don't go through his mother. He's committed a crime and the best thing you can do for yourself and for people out there who may end up hiring him one day is go through official channels.
posted by GilvearSt at 7:27 AM on February 7, 2012
Don't go through his mother. He's committed a crime and the best thing you can do for yourself and for people out there who may end up hiring him one day is go through official channels.
posted by GilvearSt at 7:27 AM on February 7, 2012
Flood: "I am not sure the police will help you. The police will go talk to him, and he will say that he had your permission to write those checks, and that it was for a business expense."
That was not the experience a friend of mine (an accounting clerk at the time) had when they discovered that the head honcho's assistant had embezzled several hundred thousand dollars, which is what this is: embezzlement (along with forgery, apparently).
I'm not saying that you should or shouldn't contact the police; I'll leave that up to you and your attorney, but do know that at least in some locales they do take embezzlement quite seriously.
posted by wierdo at 7:31 AM on February 7, 2012 [1 favorite]
That was not the experience a friend of mine (an accounting clerk at the time) had when they discovered that the head honcho's assistant had embezzled several hundred thousand dollars, which is what this is: embezzlement (along with forgery, apparently).
I'm not saying that you should or shouldn't contact the police; I'll leave that up to you and your attorney, but do know that at least in some locales they do take embezzlement quite seriously.
posted by wierdo at 7:31 AM on February 7, 2012 [1 favorite]
I suggest you make your question anonymous in case this matter becomes a legal/criminal one.
posted by BobbyVan at 7:31 AM on February 7, 2012
posted by BobbyVan at 7:31 AM on February 7, 2012
I think you're sort of asking two questions:
1. Do you just want your money back
2. Do you want your money back and VENGEANCE
If it's just #1 I would think deeply as to whether or not you would like a large part of your life stolen away by police reports, court appearances and pleading/angry family phone calls before deciding to do anything through the government.
I realize that many people are telling you to the police because, by default, people want to enforce a social norm of justice on society. The average person doesn't steal, both because it's wrong but also because they might get caught. If people go around stealing and getting away with it, you're showing these people to be suckers in some way. They really hate that.
posted by Feel the beat of the rhythm of the night at 7:51 AM on February 7, 2012 [1 favorite]
1. Do you just want your money back
2. Do you want your money back and VENGEANCE
If it's just #1 I would think deeply as to whether or not you would like a large part of your life stolen away by police reports, court appearances and pleading/angry family phone calls before deciding to do anything through the government.
I realize that many people are telling you to the police because, by default, people want to enforce a social norm of justice on society. The average person doesn't steal, both because it's wrong but also because they might get caught. If people go around stealing and getting away with it, you're showing these people to be suckers in some way. They really hate that.
posted by Feel the beat of the rhythm of the night at 7:51 AM on February 7, 2012 [1 favorite]
It's not vengeance to report a thief to the police, at least not in the petty way the above poster is implying. I agree with the advice to call the police and the bank asap. The bank may refund your money; a friend's checkbook was stolen and furniture purchased (about $2K), and the bank refunded her money. Best of luck.
posted by JenMarie at 7:57 AM on February 7, 2012 [1 favorite]
posted by JenMarie at 7:57 AM on February 7, 2012 [1 favorite]
If your main goal is to get your money back, don't call the police. Call a bank. Explain that the signatures were forged. Depending on the bank, you may need to put this in writing, but the first call absolutely is to the bank. Your bank will have protocols to address forged signatures. If you caught the error within 30 days of the monthly statement that reflected the charges, you will likely get the money back. There's a strong body of consumer protection law that prevents you from being liable for unauthorized checks.
If you want to call the police, that's a separate matter.
This is not legal advice, I am not your attorney.
posted by allen.spaulding at 7:58 AM on February 7, 2012
If you want to call the police, that's a separate matter.
This is not legal advice, I am not your attorney.
posted by allen.spaulding at 7:58 AM on February 7, 2012
Er, call your bank that is.
posted by allen.spaulding at 7:58 AM on February 7, 2012
posted by allen.spaulding at 7:58 AM on February 7, 2012
This happened to a friend of mine, to the tune of $12K. He had known and trusted the person and was truly surprised. His strategy was to go to him, and offer him two choices ... I report you to the police, or you pay me back. The guy found a way to repay (his mother, coincidentally).
The amount you are trying to recover is relatively small. You may rack up a good deal of legal fee trying to make this happen, so you have to factor that in.
If its justice you want, then by all means police... though for two grand I don't know how high it will rank on the priority list for them.
posted by ecorrocio at 8:11 AM on February 7, 2012 [2 favorites]
The amount you are trying to recover is relatively small. You may rack up a good deal of legal fee trying to make this happen, so you have to factor that in.
If its justice you want, then by all means police... though for two grand I don't know how high it will rank on the priority list for them.
posted by ecorrocio at 8:11 AM on February 7, 2012 [2 favorites]
Bank, then police, both asap. The cost of pursuing 2k in civil court (in time and/or attorneys' fees) will be relatively significant, and you will likely have trouble collecting from a person who needed 2k so badly as to steal from his employer -- he is likely judgment proof.
posted by seventyfour at 8:22 AM on February 7, 2012 [1 favorite]
posted by seventyfour at 8:22 AM on February 7, 2012 [1 favorite]
You are right to feel terrible, I would too! But wow, call the police? I'm kind of shocked at the consensus on that. I would want to understand the pressures and circumstances (which may very well be dire) that would incite the theft. I guess I'd rather lose the 2K than inflict more pain on someone who may very well be dealing with some very rough times. Not to say don't get your money back, but have a heart. I have a feeling you already do. A stern lawyer who could assemble incontrovertible evidence and present it, along with a payment solution, would be my first stop.
posted by thinkpiece at 8:48 AM on February 7, 2012 [1 favorite]
posted by thinkpiece at 8:48 AM on February 7, 2012 [1 favorite]
You can withhold some amount from the final paycheck under certain conditions, depending upon the state law -- that might be worth checking with an attorney about [but check before you do it ! Even if you are able to withhold, you may still need to leave some amount in the paycheck to meet minimum wage, overtime, etc.
posted by seventyfour at 8:52 AM on February 7, 2012
posted by seventyfour at 8:52 AM on February 7, 2012
I've seen this legal process twicem unfortunately - a family member wrote checks to himself on another family member's account, and I had a business partner embezzle on me. My experience is that the bank will not reimburse you unless you go through the police; further, going through the police is more likely to scare the perpertator into trying to make restitution, upon which you may be able to drop the charges - but it depends on the prosecutor, judge, etc.
Any process which does not involve getting the police involved at a minimum puts you at risk for not being able to recover your money or pursue further action against this individual or protect yourself in any way, either financially or emotionally.
posted by sm1tten at 9:03 AM on February 7, 2012 [1 favorite]
Any process which does not involve getting the police involved at a minimum puts you at risk for not being able to recover your money or pursue further action against this individual or protect yourself in any way, either financially or emotionally.
posted by sm1tten at 9:03 AM on February 7, 2012 [1 favorite]
You are right to feel terrible, I would too! But wow, call the police? I'm kind of shocked at the consensus on that.
The employee stole more than two thousand dollars from the OP! OP, please do not feel guilty at all about calling the police!
posted by JenMarie at 9:03 AM on February 7, 2012 [1 favorite]
The employee stole more than two thousand dollars from the OP! OP, please do not feel guilty at all about calling the police!
posted by JenMarie at 9:03 AM on February 7, 2012 [1 favorite]
Your bank will likely reimburse this amount.
Then report this to the police.
Then, take some time to process this emotionally and move on.
I would go through my business and personal dealings and change all of my codes, keys, passwords.
Put a fraud alert on your credit, too.
Only consult an attorney if it's free. The bank should be your first stop.
Good luck.
posted by jbenben at 9:06 AM on February 7, 2012 [2 favorites]
Then report this to the police.
Then, take some time to process this emotionally and move on.
I would go through my business and personal dealings and change all of my codes, keys, passwords.
Put a fraud alert on your credit, too.
Only consult an attorney if it's free. The bank should be your first stop.
Good luck.
posted by jbenben at 9:06 AM on February 7, 2012 [2 favorites]
I would want to understand the pressures and circumstances (which may very well be dire) that would incite the theft. I guess I'd rather lose the 2K than inflict more pain on someone who may very well be dealing with some very rough times.
Don't listen to this. This is what sentencing is for. Bank, then police.
posted by smorange at 9:54 AM on February 7, 2012 [3 favorites]
Don't listen to this. This is what sentencing is for. Bank, then police.
posted by smorange at 9:54 AM on February 7, 2012 [3 favorites]
The employee stole more than two thousand dollars from the OP! OP, please do not feel guilty at all about calling the police!
posted by JenMarie at 12:03 PM on February 7 [+] [!]
Of course, if you decide to call the cops, you are entirely right to do so. If that is your inclination, do! But. I had a young and dumb employee steal from me (not money, but inventory of value) and the story was kind of a heartbreaker as it untangled. We fired him, did not recoup, and have heard through the grapevine that he eventually got back on his feet. It would certainly have been a lot harder, if not impossible, with a record.
posted by thinkpiece at 10:31 AM on February 7, 2012
posted by JenMarie at 12:03 PM on February 7 [+] [!]
Of course, if you decide to call the cops, you are entirely right to do so. If that is your inclination, do! But. I had a young and dumb employee steal from me (not money, but inventory of value) and the story was kind of a heartbreaker as it untangled. We fired him, did not recoup, and have heard through the grapevine that he eventually got back on his feet. It would certainly have been a lot harder, if not impossible, with a record.
posted by thinkpiece at 10:31 AM on February 7, 2012
Nuke your assistant. Nuke him til his shadow glows. You can always drop the charges later, say after his mother pays and he has learned actions may have consequences after all.
If you do nothing, he'll just keep screwing people.
posted by codswallop at 10:58 AM on February 7, 2012
If you do nothing, he'll just keep screwing people.
posted by codswallop at 10:58 AM on February 7, 2012
seconding bank first...in the grand scheme of things, rich or poor, $2000 is not that much money...they are probably insured for it.
posted by sexyrobot at 11:21 AM on February 7, 2012
posted by sexyrobot at 11:21 AM on February 7, 2012
I am not sure the police will help you. The police will go talk to him, and he will say that he had your permission to write those checks, and that it was for a business expense.
No. Is this statement based on conjecture or previous experience? If he had permission to use the business account he should have been identified as an authorized signer to the bank and in that case would have used his own signature. The police should know this. Hard to see how this wouldn't be considered forgery.
OP ... it sounds like you're hurting because you thought of this person as a good friend. It seems like you were manipulated into believing he was your friends so you would trust him and he could pull this off. I know it's hard to switch gears from friend to enemy but you've been seriously violated here. Don't be sad and confused, be pissed.
posted by bunderful at 11:27 AM on February 7, 2012
No. Is this statement based on conjecture or previous experience? If he had permission to use the business account he should have been identified as an authorized signer to the bank and in that case would have used his own signature. The police should know this. Hard to see how this wouldn't be considered forgery.
OP ... it sounds like you're hurting because you thought of this person as a good friend. It seems like you were manipulated into believing he was your friends so you would trust him and he could pull this off. I know it's hard to switch gears from friend to enemy but you've been seriously violated here. Don't be sad and confused, be pissed.
posted by bunderful at 11:27 AM on February 7, 2012
I would want to understand the pressures and circumstances (which may very well be dire) that would incite the theft. I guess I'd rather lose the 2K than inflict more pain on someone who may very well be dealing with some very rough times.
*sigh*
Yes, everyone who steals probably has a justifiable reason, at least in their own mind. (Cue Les Miz.) But the fact remains that they stole.
This is someone who is not to be trusted around money. The best way to ensure that is a criminal record, unfortunately. Embezzlers tend to gravitate toward jobs where they can pilfer, and they can be quite charming and even appear as upstanding as any blue-haired grandmother. This does not change the fact that they are essentially thieves -- or at the very best, persons who when tempted cannot control their own actions. Think of this part of it as your responsibility to protect future victims.
The big difference with embezzlement, if it makes you feel any better, is that often it does not result in jail time, largely because it wasn't a violent offense but rather a type of fraud. Restitution is almost always granted in an amount that can be proven to the court, and as long as the person -- given their felonious situation -- is able to make enough money to make restitution payments, they can avoid jail.
posted by dhartung at 12:41 PM on February 7, 2012 [1 favorite]
*sigh*
Yes, everyone who steals probably has a justifiable reason, at least in their own mind. (Cue Les Miz.) But the fact remains that they stole.
This is someone who is not to be trusted around money. The best way to ensure that is a criminal record, unfortunately. Embezzlers tend to gravitate toward jobs where they can pilfer, and they can be quite charming and even appear as upstanding as any blue-haired grandmother. This does not change the fact that they are essentially thieves -- or at the very best, persons who when tempted cannot control their own actions. Think of this part of it as your responsibility to protect future victims.
The big difference with embezzlement, if it makes you feel any better, is that often it does not result in jail time, largely because it wasn't a violent offense but rather a type of fraud. Restitution is almost always granted in an amount that can be proven to the court, and as long as the person -- given their felonious situation -- is able to make enough money to make restitution payments, they can avoid jail.
posted by dhartung at 12:41 PM on February 7, 2012 [1 favorite]
Attorneys are expensive, and this is a relatively small amount of money compared to what an attorney will cost you.
Actually, rereading the post, there's nothing about the assistant being fired. I think I would recommend an employment lawyer over any other kind, just to make sure that part is handled correctly.
posted by dhartung at 12:48 PM on February 7, 2012 [1 favorite]
Actually, rereading the post, there's nothing about the assistant being fired. I think I would recommend an employment lawyer over any other kind, just to make sure that part is handled correctly.
posted by dhartung at 12:48 PM on February 7, 2012 [1 favorite]
At my last office job we didn't find out we had an embezzler until after he moved to another state and the new guy noticed irregularities. It sucks, but by calling in the police now you might help out the next business your embezzler encounters.
posted by dragonplayer at 5:46 PM on February 7, 2012
posted by dragonplayer at 5:46 PM on February 7, 2012
smorange: "Don't listen to this. This is what sentencing is for."
In an ideal world. Not in the US. Would that it be so, as I'd then advise the Asker to absolutely 100% go to the police no matter her reservations instead of having to get on the "only if that's what it takes to get your money back" train.
posted by wierdo at 6:27 PM on February 7, 2012
In an ideal world. Not in the US. Would that it be so, as I'd then advise the Asker to absolutely 100% go to the police no matter her reservations instead of having to get on the "only if that's what it takes to get your money back" train.
posted by wierdo at 6:27 PM on February 7, 2012
Response by poster: Sorry I've been away for most of this thread, dealing with this issue.
I went to the bank and filled out an affidavit of fraud. That triggers the police investigation. He resigned from employment and signed an admission of guilt and signed his car over to me as restitution.
I started out by texting him not to come into work because I wasn't there, I was at my credit union and they were doing an investigation on some suspicious checks. He immediately texted me that he was sorry and please let him pay back the money. So from the start I had an admission of guilt.
In addition to the 2200 in checks I found first, I discovered he used my personal checking account to pay for his car insurance over the phone, plus another 480 check. The second bank was not helpful at all in the least - they basically told me "not our fault, not our problem". I couldn't get any info on the check-by-phone he had used to pay State Farm - they couldn't tell me what office or give me a phone number to call them. As soon as the investigation is over I'm moving my account.
He also didn't mail some of my checks to clients - instead he wrote himself checks in the same amounts. When I realized he did that, I knew I had to go to the police (though I was leaning that way anyway.)
I learned a valuable lesson here - I'm going to be watching my bank account like a hawk! The amounts were not that far off. He started small in December and the amounts went up. When my client said he didn't get his check in the mail I realized that the money was out of the account as if he had gotten it. That triggered the whole investigation.
No, this person was not a signatory on my checks, he filed, answered the phone, kept my calendar, helped me prepare paperwork and cleaned the office. I would have given him more responsibility eventually. We had talked about him getting his real estate license and becoming a rental agent. He would have made some good money. He really blew it.
It's too bad, I enjoyed having him around. We have a similar sense of humor and it made working fun. My office cats loved him.
Does anyone want to buy a 2006 Chevy Malibu?
posted by Melsky at 10:29 PM on February 7, 2012 [1 favorite]
I went to the bank and filled out an affidavit of fraud. That triggers the police investigation. He resigned from employment and signed an admission of guilt and signed his car over to me as restitution.
I started out by texting him not to come into work because I wasn't there, I was at my credit union and they were doing an investigation on some suspicious checks. He immediately texted me that he was sorry and please let him pay back the money. So from the start I had an admission of guilt.
In addition to the 2200 in checks I found first, I discovered he used my personal checking account to pay for his car insurance over the phone, plus another 480 check. The second bank was not helpful at all in the least - they basically told me "not our fault, not our problem". I couldn't get any info on the check-by-phone he had used to pay State Farm - they couldn't tell me what office or give me a phone number to call them. As soon as the investigation is over I'm moving my account.
He also didn't mail some of my checks to clients - instead he wrote himself checks in the same amounts. When I realized he did that, I knew I had to go to the police (though I was leaning that way anyway.)
I learned a valuable lesson here - I'm going to be watching my bank account like a hawk! The amounts were not that far off. He started small in December and the amounts went up. When my client said he didn't get his check in the mail I realized that the money was out of the account as if he had gotten it. That triggered the whole investigation.
No, this person was not a signatory on my checks, he filed, answered the phone, kept my calendar, helped me prepare paperwork and cleaned the office. I would have given him more responsibility eventually. We had talked about him getting his real estate license and becoming a rental agent. He would have made some good money. He really blew it.
It's too bad, I enjoyed having him around. We have a similar sense of humor and it made working fun. My office cats loved him.
Does anyone want to buy a 2006 Chevy Malibu?
posted by Melsky at 10:29 PM on February 7, 2012 [1 favorite]
This thread is closed to new comments.
posted by ZaneJ. at 4:20 AM on February 7, 2012 [5 favorites]