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Message started by directorstu on Jun 29th, 2008 at 5:47am

Title: Ex-employee Fraud and theft
Post by directorstu on Jun 29th, 2008 at 5:47am
I am the director of a small company. Last June I found out one of my employees had written a cheque for 750 and stolen 140 in cash from our premises (unsecured). I have since found out he was in a very difficult situation at the time and had I known this I wouldnt have called the police straight away.

His summary trial is on Wednesday, his solicitor has said to him the worst he will recieve is a fine, but I have a feeling he is not wanting to worry him. If he pleads guilty at his summary trial what is he likely to get in way of punishment?

It is his first and only offence.

Title: Re: Ex-employee Fraud and theft
Post by grumpy on Jun 29th, 2008 at 2:20pm
It appears that you have some sympathy and want to help keep him out of trouble. If so, you could send a letter to the Procurator Fiscal expressing your views and that will be taken into account when sentencing him

Title: Re: Ex-employee Fraud and theft
Post by directorstu on Jun 29th, 2008 at 4:35pm
Hi, thanks for your reply, I was considering doing this, will it make much difference? I guess what I'm asking is what is the maximum sentence he could get - could he go to jail for this and is it likely?

Title: Re: Ex-employee Fraud and theft
Post by directorstu on Jun 30th, 2008 at 1:32pm
Or is there somehwere online that lists the maximum penalty?

Title: Re: Ex-employee Fraud and theft
Post by mr_physical on Jul 1st, 2008 at 4:30pm
The maximum penalty is not relevant.  (If it's in the Sheriff Court and court proceedings started after 10th December, the MAXIMUM is 12 months in gaol -  but that's not going to happen.) His solicitor says it's likely to be a fine, so it's likely to be a fine.  Factors that will affect the penalty are his age, his lack of previous record, how long he has worked for you, have you kept him on? Was there recovery?  Did he repay you? Did he admit it to the police?  The fact that he has breached your trust in him will aggravate the offence, so a letter from you would benefit him.
If he pled guilty right at the beginning, he would receive a discount to his sentence of about one-third; by pleading on the morning of the trial his sentence will be reduced by only about 10%.  

If you kept him on and have forgiven him, you could give the letter to his solicitor, rather than the PF.  

Title: Re: Ex-employee Fraud and theft
Post by mr_physical on Jul 1st, 2008 at 4:38pm
I've read the heading again and see he's an ex-employee.  However a letter from you would still help.

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