samedi 27 janvier 2018

Lost Credit Card Used by Employee, Would Not Have Reported

My question involves criminal law for the state of: Ohio

I was out of town for a month when an employee of mine asked when I was going to pay them for some renovation work. I told them they could wait till I got back in town, but they said they would prefer I mail them a check. I suggested that in the mail holder for one of the places they were renovating, was the business card. I suggested they use the business credit card. I simply said "blue credit card."

A month after getting back I notice a debit account I have with a different institution had charges I did not recognize. The last charge I recognized was at the ATM before I left, so I filed a police report and said that I believed it was lost or stolen there after I withdrew money.

Long story short, months later I get word that my employee was arrested and charged with stealing that card. I confronted them about this and they said I had authorized them. It became clear that they took a different card that was near the mail holder, but was not the business card I was referring to. I spend a lot on the business card every month, so I did not notice charges or no charges, because we have the business card issued to several members of the board.

In any event, I hired them a lawyer and apologized for the confusion. I explained to the police that this was a misunderstanding. I paid the bank back immediately and told them to reverse the claim because though I had not authorized the charges, I would have if I knew they took that card by mistake. The bank was fine and thanked me. The police, however, tried to imply I filed a false police report. The judge in the case released my employee on OR and I told the judge the misunderstanding and that I did not want them prosecuted now that I know what happened. I explained to the police that filing a false police report requires knowingly giving incorrect information to the police or intending to deceive them, based on what the ORC says. Nothing I said in the report was untrue. I did not authorize the use of that card - but had I have known, I would have and would not have reported it.

Thoughts?


Lost Credit Card Used by Employee, Would Not Have Reported

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