If there is enough evidence that he took the money unlawfully then yes it's possible that he could be charged and prosecuted. The amount you describe is a lot. Whether he would go to jail or not will depend on many factors. Seeing as he returned the money he may be able to avoid jail or even being prosecuted criminally in the first place. It may be a good idea for him to discuss this with an attorney in person.
Yes, he can. Even if the money is returned, it was a crime to take it unless he had no intent to permanently deprive which is highly unlikely.
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Yes. It is grand larceny and was a competed crime when he took the money.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at [email protected] The above answer is for informational purposes only and not meant as legal advice.
Obviously it depends on the purpose of taking the money and whether the bookkeeper was authorized to do so but in short, yes it is a crime. The company account is not meant to be a personal ATM machine or a source of zero interest loans. It may be possible to avoid criminal charges if the company does not file a complaint with the police department. You may want to have an attorney assist you in the company investigation to make sure that this doesn't escalate into a bigger problem. I have handled a similar company investigation which resulted in loss of job, repayment of money but no charges were pressed so it's possible.
I am a former Deputy Bureau Chief with the Kings County DA’s Office and adjunct professor at John Jay College of Criminal Justice, with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.
All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
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