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embezzlement

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fatherneedshelp

Guest
What is the name of your state? RI

I was doing a "cash job" for my empolyer. the customer handed me $2000.00 cash to give to my employer. On the ride home, i spent it all on gambling. Dont know what the charge is yet. Went to district court, and next going to superior. I presented myself to the police, and cooporate, made statement including admission. Will be paying back money w/in the next few wks. in full. began couseling for gambling and other; depression.etc. my family has undergone more stress than imaginable the past yr. my mental state is obviously very wrong. never stole anything before, ever. about a year ago, my boss decided he had been overpaying me and began deducting my pay. approx. $500 until i hurt my back and went for surgery. when i came back to work, my boss then took me aside and informed me he would deduct my pay by $3.00/hr. as per he couldnt afford my rate of pay any longer. yes, i was upset, this added to my family situation, let to my horrid behaviour. family is now devastated. need advise.
im not trying to make excuses, these are the facts and now ive really done it.
 


F

fatherneedshelp

Guest
response to myself to make my question clear because no responses yet:

What am i looking at? Whould embezzlement be the charge? can i include my boss's taking money from my pay in my restitution?
 

JETX

Senior Member
Q1) "What am i looking at?"
A1) Anything from probation to time in prison.

Q2) "Whould embezzlement be the charge?"
A2) No. Depending on a lot of factors, you could be charged with anything from embezzlement to larceny to conversion to unlawful appropriation, etc. See below for Rhode Island statutes.

Q3) "can i include my boss's taking money from my pay in my restitution?"
A3) No. Because the 'boss' didn't take any money from you. He lowered your wage, which he can do. You agreed to work for that lower wage... and did. Therefore, the 'boss' doesn't owe you anything. Now, if the boss had lowered your wages AFTER you worked, then you could pursue a separate action to recover the difference.

Rhode Island Code:
"§ 11-41-3 Embezzlement and fraudulent conversion. – Every official of a financial institution and every officer, agent, clerk, servant, or other person to whom any money or other property is entrusted for any specific purpose, and every person acting as executor, administrator, conservator, guardian, receiver, assignee, custodian, or trustee appointed by order, decree, or judgment of court, or by deed, will or other instrument in writing, who embezzles or fraudulently converts to his or her own use, or
who takes or secretes, with intent to embezzle or fraudulently convert to his or her own use, any money or other property which has come into his or her possession or is under his or her care or charge by virtue of his or her employment or for that specific purpose or by virtue of his or her acting as executor, administrator, guardian,
conservator, receiver, assignee, custodian, or trustee, and every person who collects or receives money or property from another for a commission to be retained out of the money or other property collected or received, and who fraudulently retains out of that money or property collected or received more than the amount of the commission,
and embezzles or fraudulently converts it to his or her own use, or takes or secretes it with intent to embezzle or fraudulently to convert it to his or her own use, is guilty of larceny and shall be fined not more than fifty thousand dollars ($50,000) or three (3) times the value of the money or property embezzled or converted, whichever is greater, or imprisoned not more than twenty (20) years, or both. If the sum or value of the property embezzled is less than one hundred dollars ($100), he or she shall be fined not
more than one thousand dollars ($1,000), or imprisoned for not more than one year, or both.

"§ 11-41-7 Larceny from the person. – Every person who steals or attempts to steal from the person of another any money, goods, chattels, or other article enumerated in § 11-41-1, shall be imprisoned for not less than one year nor more than ten (10) years.

"§ 11-41-11.1 Unlawful appropriation. – Any person to whom any money or other property of another is entrusted or delivered for a particular purpose, who intentionally appropriates to his or her own use that money or property, shall be guilty of unlawful appropriation and shall be fined not more than fifty thousand dollars ($50,000) or three (3) times the value of the money or property appropriated, whichever is greater, or imprisoned not more than twenty (20) years, or both. If the sum or value of the property appropriated is less than one thousand dollars ($1,000), that person shall be fined not more than one thousand dollars ($1,000), imprisoned for not more than one year, or both.

Source for the above: http://www.rilin.state.ri.us/Statutes/TITLE11/11-41/INDEX.HTM
 
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fatherneedshelp

Guest
thanks for reply. boss DID take money after i worked. he stated he believes he overpaid me, which he did not, then began taking weekly deductions for prev. months work. thank you
 

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