Question about stolen? property.

[Race_Car]

What is the name of your state?What is the name of your state? Ohio

Myself and several other people had an acquaintance that was recently caught for abusing the company credit card. It turns out that since the year 2000 she was making unauthorized purchases on it some of which included gifts, mainly electronics, given to a number of us. In an effort to stay out of jail she is attempting to make full restitution. As part of this attempt she is requesting that all gifts be returned. In my case a DVD player and a camera given to me over two years ago on two separate occasions.

I'm guessing this is not relevant but we in turn gave gifts to her of equal worth that are not being offered back (we paid for ours legally).

My question is, and I'm asking for some others involved also, if we refuse to return the gifts or no longer possess them are we criminally liable for them? At the time they were given the person abusing the credit card was making payments on the card via deductions from her check although they in no way came close to the amounts owed. As time went on she stopped making any pretense of payments and just ran up huge amounts of debt on the card and as I mentioned eventually got caught.

Morally we feel they should be returned but we also wonder if the police can confiscate them and possibly charge us with crimes if they are not returned.

I would appreciate any meaningful feedback.

[JETX]

Originally Posted by Race_Car

My question is, and I'm asking for some others involved also, if we refuse to return the gifts or no longer possess them are we criminally liable for them?

Legally, no.
However, the police MIGHT be able to make at least a semi-reasonable argument as to stolen goods, since the money used to purchase the items was in fact stolen....
With that, why are you even considering putting yourself in the middle of this situation?? Seems like a childish and ridiculous position to take.

[ZippidyDoDa]

Originally Posted by JETX

Legally, no.
However, the police MIGHT be able to make at least a semi-reasonable argument as to stolen goods, since the money used to purchase the items was in fact stolen....
With that, why are you even considering putting yourself in the middle of this situation?? Seems like a childish and ridiculous position to take.

JETX,

I appreciate your taking time to respond but your answer seems to be a bit of a contradiction. On the one hand you say "legally, no" but then say the police might "make at least a semi-reasonable argument as to stolen goods".

Does the first part mean since they were gifts we are not legally obligated to return them which is how I interpreted that. And the second part at face value? In other words two different issues. I'm not trying to be obtuse, just looking for clarification. At this point the owner of the company has just filed a civil suit against the woman. If the woman does not make restitution the matter will be turned over to his insurance company. I guessing they may in turn get the authorities involved.

As far as "putting yourself in the middle of this situation" I don't see it that way. I'm simply asking a question at a forum where I hoped to get some advice/clarification from people more knowledgeable in these matters than myself. I only mentioned other people were involved to help define the scope of the situation. If that seems like a "childish and ridiculous position to take" then you may have read too much into my question. I haven't taken any position, I'm just requesting information.

Thanks!

Originally Posted by ZippidyDoDa

As far as "putting yourself in the middle of this situation" I don't see it that way. I'm simply asking a question at a forum where I hoped to get some advice/clarification from people more knowledgeable in these matters than myself. I only mentioned other people were involved to help define the scope of the situation. If that seems like a "childish and ridiculous position to take" then you may have read too much into my question. I haven't taken any position, I'm just requesting information.

Thanks!

How many usernames do you have on this forum?

[Happy Trails]

Originally Posted by OhBullship

How many usernames do you have on this forum?

Busted......

[JETX]

Originally Posted by ZippidyDoDa

I appreciate your taking time to respond but your answer seems to be a bit of a contradiction. On the one hand you say "legally, no" but then say the police might "make at least a semi-reasonable argument as to stolen goods".

The problem is... you are 'skating' on the gray side of the issue.
Lets clarify.
The police could certainly try to file charges 'possession of stolen property', etc., and as such, you could be subject to interrogation and investigation. Depending on how 'squeaky clean' you are, this could be a problem or lead to other problems.... or not.
When/If the police were to submit this issue to the prosecutor, he/she may or may not agree to accept the charges. Kind of depends on your local factors.
If the prosecutor doesn't agree, then the matter will likely drop there.... with the police possibly noting your 'attitude'.
If the prosecutor does agree, you could be subject to having to obtain legal counsel, etc.

Simply, your childish attitude could be seen as some as 'pissing' on the local authority... and rightly or wrongly, that in itself could have some repercussions.

If that seems like a "childish and ridiculous position to take" then you may have read too much into my question. I haven't taken any position, I'm just requesting information.

Clearly, you HAVE taken a position as shown by your 'trying to justify' your position by saying:
"we in turn gave gifts to her of equal worth that are not being offered back"
and
"
Morally we feel they should be returned but we also wonder".

[ZippidyDoDa]

Originally Posted by OhBullship

How many usernames do you have on this forum?

Five at last count...

[ZippidyDoDa]

Originally Posted by JETX

The problem is... you are 'skating' on the gray side of the issue.
Lets clarify.
The police could certainly try to file charges 'possession of stolen property', etc., and as such, you could be subject to interrogation and investigation. Depending on how 'squeaky clean' you are, this could be a problem or lead to other problems.... or not.
When/If the police were to submit this issue to the prosecutor, he/she may or may not agree to accept the charges. Kind of depends on your local factors.
If the prosecutor doesn't agree, then the matter will likely drop there.... with the police possibly noting your 'attitude'.
If the prosecutor does agree, you could be subject to having to obtain legal counsel, etc.

Simply, your childish attitude could be seen as some as 'pissing' on the local authority... and rightly or wrongly, that in itself could have some repercussions.


Clearly, you HAVE taken a position as shown by your 'trying to justify' your position by saying:
"we in turn gave gifts to her of equal worth that are not being offered back"
and
"
Morally we feel they should be returned but we also wonder".

Thanks for your response!

I don't want to beat it to death, I haven't taken a positon in my opinion. Merely weighing things back and forth.