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Embezzlement-- Need Advice!

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Dubious128

Junior Member
I worked at a retail store for about 9 months. After that time, some seasonal employees were hired, among whom I made many friends. Two of the seasonal employees I befriended soon told me they were stealing merchandise from the store. I didn't consider it before, and still didn't when they told me. Later, they told me of a scheme where they created their own gift cards and then went to another store of the same retail company and used that gift card to buy merchandise at that store. I thought it was clever, so I stupidly made a gift card of my own for the amount of $250.00.

I thought to myself that I'd be caught, but I was more or less apathetic. A week later, I was called into the manager's office where a Loss Prevention Agent was waiting. On speaker phone were the two district Loss Prevention Overseers who basically bull ****ted for about 20 minutes before they asked me if I stole from the company. Knowing that they knew about the gift card scheme (because they mentioned people stealing gift cards several times), I admitted it fully and cooperated 100%. I wrote a remorseful statement saying that I stole the gift card. They asked if I was willing to repay the money I stole and I said yes. They told me they would contact me by mail in the upcoming weeks or months.

Almost three months later, yesterday, I received a letter from the company. In addition to the $250 I admitted to stealing, they have a "Civil Demand" of $500.00. The total they have me owe to the company is listed as $750. They letter says if I do not pay within 14 days, they will be forced to pursue other legal options to recover the requested amount. The Case Number at the top still lists my case as 'Open', and at the bottom, there is a note that says:

"IMPORTANT NOTICE: Civil and criminal matters are handled separately. The payment of any demand does not relieve you of pending or future criminal prosecution pertaining to this case."



So my questions are: Can they legally demand 500 dollars in restitution? If I pay them the $750, would they most likely prosecute me criminally? What are your general feelings about my situation? Any advice and/or support is greatly appreciated.
 


Zigner

Senior Member, Non-Attorney
So my questions are: Can they legally demand 500 dollars in restitution?
Yes
If I pay them the $750, would they most likely prosecute me criminally?
No way to tell...but it would certainly help satisfy them...
What are your general feelings about my situation?
I feel you're thief - I'm glad you're taking responsibility for your actions and I hope you learned your lesson!
 

Bird79

Junior Member
I believe in a civil case they can demand anything they want. What they are asking for doesn't seem unreasonable. However, if charges were never filed it seems like their letter is suggesting even if you pay charges could still be pressed. I would contact who ever wrote the letter and ask for a statement in writing of their intent for after you pay any fine/restitution. If charges are going to be brought up you can get a public defender. If you pay the money and charges are brought against you, it will look best that you cooperated and acted with remorse. $750 is a sweet deal over getting petty larceny charges and having to deal with probation or community service. plus you won't have a record.
 

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