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VIC Theft - Can Employers Make Me Pay More Than What was Stolen?

Discussion in 'Criminal Law Forum' started by Zadrach, 28 April 2016.

  1. Zadrach

    Zadrach Member

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    I was caught on camera taking money, which I have admitted to and I'm looking for ways to pay them back. The money I took was in the ballpark figure of $5,000-$7,500 total. This was over a period of time, though. Say no longer than 18 months, probably less.

    The venue I was working in is now comparing the books of its takings with the venue it owns next door. They are now trying to say that because of the difference in revenue I have been stealing $3,000-$4,000 a week for the past 2 and a half years. Which works out to be around $500,000! Which I know for a fact isn't true and I'm sure their cameras could prove that.

    I understand that they want to make an example of me but is there any chance I would be able to protect myself from getting charged with so much that I didn't do? Or can they get away with this and I'll just basically get buried?

    The company has turned around and said if I give them $50k that that will be it and part ways. Or they claim it on insurance and report me and I get charged.

    - Under Criminal Law, can they charge me with the $3-4k a night without video proof?

    - What happens next? Jail time? If so, how long am I looking at?

    - They said they won't go to the cops if I give them $50k?

    -I did admit to taking money verbally, haven't signed anything.

    -Am willing to pay it back once I have the money, currently jobless.

    -Am willing to cooperate an help them find a way to stop it from happening to then in the future.

    -I am deeply regretful and remorseful.

    -I feel like they are trying to bully me into paying up money I didn't even take.
     
  2. Rod

    Rod Well-Known Member

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    Hard to give help to you as your situation is precarious at best and the wrong suggestion can make the situation worse.

    One thing to consider is that after you repay money there is nothing stopping the employers still reporting the theft to police and no agreement you reach with them protects you from this happening.

    Is this a first-time offence? If yes, then a diversion program, with no conviction may be possible.

    How do you know how much money went missing? Do you have any proof?
     
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  3. Zadrach

    Zadrach Member

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    Okay, thank you for clearing that up. It was their idea for me to put together a document to "cover my ass so they can't go ahead and claim for more".

    Yes, this is a first-time offence.

    Unfortunately, I don't have proof of the exact amount. I know I didn't take as much as I'm accused of, though. I'm kinda hoping now that the surveillance footage will be my saving grace at this point.

    I'm so stupid for not keeping track of what I took, but more stupid for taking anything in the first place.
     
  4. Rod

    Rod Well-Known Member

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    Any family lawyer you can consult? Any coppers in the family you can talk to? Anyone you know have experience with the VicPolice diversion program?

    There are a few ways to tackle your problem:

    1. Enter into a payment plan with ex-employer and hope all goes well (ie they still don't report to the police)
    2. Negotiate a lower figure and enter into a payment plan and hope all goes well
    3. Do nothing, say nothing, to anyone and see what happens. May go to court, with hope of diversion and restitution.

    Thinking out loud: May be possible for ex-employer to call the cash withdrawals 'a loan' and back-date the agreement. Not sure how legal this is.

    You may need to talk to a community legal centre. Google for one in your area. Probably best to do that before you talk with the ex-employer again.

    Do you have any mental health issues you can use as mitigating circumstances?
     
  5. Serge Gorval

    Serge Gorval Well-Known Member

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    They're now extorting you... which in and of itself is a serious offence. In fact arguably more serious than the larceny charge.

    Did you have a claim to the money you took ? E.g. did they short pay you etc ?
     

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