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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 10-04-2006, 11:22 PM
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Join Date: Oct 2006
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Accused of Credit Card Fraud


What is the name of your state? California
I have a record, from 6 years ago. I did all my probation, never missed a payment ect..
I worked for a small business and the owner issued me a credit card in my name. I purchased items for the business including items for parties ect. I purchased gas twice a week on the card, as agreeed instead of paying me an expense check.
The owner is a drunk, and was very hostile and viloent at work. He ended up being highly in debt and started to claim that I and others charged without his permission.
I am the only one that has a record, and he filed a credit card fraud report with the local sheriff deparment. I only know because of an old co-worker told me. I am scared that because I have a record the sheriff will come and arrest me without even letting me show my documentation that I have proving i had authorization. Including several witness.
what is the process for the sheriff to investigate?
  #2  
Old 10-05-2006, 10:06 AM
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Location: California
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Unless you are impossible to contact, you will likely be asked for your side of the story. If you are effectively transient or otherwise difficult to get a hold of, they might seek an arrest warrant if they have sufficient cause to believe you committed a crime.

Having permission to USE the card is a far cry from using it to purchase personal items (things for a party??). Hopefully you saved all the receipts for your charges and can prove that the outlays were for work-related expenses only. If not, then you will likely be liable for civil restitution if not criminal charges.

For instance, I have a city credit card that I have permission to use ... to use for CITY-related expenses. I still have to turn in all my receipts to the accounting folks, and I can NOT use it for personal items.

If they try to contact you for a statement, you might consider speaking to an attorney before answering them.

- Carl
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  #3  
Old 10-05-2006, 10:39 AM
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Quote:
Originally Posted by CdwJava View Post
For instance, I have a city credit card that I have permission to use ... to use for CITY-related expenses. I still have to turn in all my receipts to the accounting folks, and I can NOT use it for personal items. - Carl
I must say Carl, you are a man of great restraint. I bet it ain't easy carrying that around(going into Wal Mart as much as you do)
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  #4  
Old 10-05-2006, 11:30 PM
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Join Date: Oct 2006
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accused of credit card fraud


Thank you for your reply. Here is my situation. All the orginal reciepts are with this guy. He is completley out of control. He has now disputed almost every items on his amex card to stop from having to pay it. The vendors are calling me on my cell, to find out what the heck. He is not being investigated himself by american express due to the vendors fighting back.
I have spreadsheets of every purchase, every mile I drove ect. I have signed letters of co-workers who were with me at the purchases and witness from the events.
My concern is not proving he is lying once I get the opportunity, My concern is that they see the felony from 6 years ago and come and arrest me.
  #5  
Old 10-06-2006, 09:03 AM
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Quote:
Originally Posted by abg2000
My concern is not proving he is lying once I get the opportunity, My concern is that they see the felony from 6 years ago and come and arrest me.
The prior felony is not going to prove the current allegation. But, they will likely want to speak to you. I would strongly recommend speaking to an attorney before talking to law enforcement on the matter.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

“We believe faith and freedom must be our guiding stars, for they show us truth, they make us brave, give us hope, and leave us wiser than we were.”

- Ronald Reagan
  #6  
Old 10-06-2006, 09:59 AM
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Join Date: Sep 2006
Location: Missouri Ozarks
Posts: 3,027
From what I gather from the OP, the supplies were for a work party?

Did you report the gas purchases to the IRS as income?
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