misuse of government property

[ruth salvatore]

What is the name of your state? wyoming. my husband used his government issued travel (credit) card for cash withdrawals ($2800.) during a period (1 1/2 years) when we were experiencing financial difficulty. he paid the monies back when they were due and owes nothing. he had no idea that he was breaking the law but was informed by his employer that he indeed did break the law. info was sent to the local us attorney who declined prosecution. however, we just learned that the local da's office has filed charges and will be contacting us by mail. we have no idea what to expect and are scared out of our wits. we realize he used extremely poor judgement but at no time did he think he was breaking the law. the charge (as described by his employer) is "misuse of government property". because of the holidays, we cannot secure a lawyer until after christmas. would appreciate any advise regarding this matter.

 

[I AM ALWAYS LIABLE]

What is the name of your state? wyoming. my husband used his government issued travel (credit) card for cash withdrawals ($2800.) during a period (1 1/2 years) when we were experiencing financial difficulty. he paid the monies back when they were due and owes nothing. he had no idea that he was breaking the law but was informed by his employer that he indeed did break the law. info was sent to the local us attorney who declined prosecution. however, we just learned that the local da's office has filed charges and will be contacting us by mail. we have no idea what to expect and are scared out of our wits. we realize he used extremely poor judgement but at no time did he think he was breaking the law. the charge (as described by his employer) is "misuse of government property". because of the holidays, we cannot secure a lawyer until after christmas. would appreciate any advise regarding this matter.

My response:

I don't know what we can do for you at this point. You'll just have to wait to speak to your own, local, criminal defense attorney.

However, in the meantime, keep this thought in mind - -

Since you mentioned a couple of times that "he had no idea that he was breaking the law", ignorance of the law is not an excuse or a defense.

"You have the right to remain silent. Anything you say can, and will be, used against you in a court of law. You have the right to have an attorney present during all questioning and proceedings. If you cannot afford your own attorney, an attorney will be appointed for you at no expense."

Good luck to you.

IAAL

 

[Mike101]

You said it was sent to the local US Attorney? Is it safe to say that it was the federal governments credit card as opposed to state?
Also how did he pay it off? Do the bills come to him?

 

[ruth salvatore]

answer to mike101's questions: the credit card is issued by the federal government (my husbands employer). it is in my husband's name, the bills come to our house and we are responsible for paying them.

 

[Mike101]

One more question. Is this local DA a state DA?

 

[ruth salvatore]

Reply to mike101: it is the local da's office that is filing charges. he works for county government. is that the same as state? i know it is not federal government.

 

[Mike101]

Yes that would be state law that they deal with. I don't understand how they are getting involved.
Who told you charges were going to be filed by the local DA?
I wouldn't lose to much sleep over this.

 

[ruth salvatore]

we were told by my husbands supervisor that a prosecuter in the das office had filed charges and that we would be receiving a notification in the mail within the next few weeks. the supervisor has been in touch with the da's office. we don't know much about these kind of laws, but are wondering why the state is getting involved. it doesn't seem to be in their jurisdiction. once we talk to a lawyer we will understand more fully, but that won't happen until after new years. the evidence folder that was put together by my husbands employer (us government) was send to the inspector general here in our state (wyoming). he send it to the wyoming us attorney. when he turned it down, the inspector general then sent it to the local da's office. that is how the da got involved. i don't understand the process but am getting a quick education. it is really hard not to lose sleep at this point.

 

[Mike101]

How do you know it was sent to the local DA's office? Where is this information coming from?
I wonder why the state would be getting involved also.

 

[ruth salvatore]

my husbands employer has kept us informed as to the legal proceedings. the person in charge of sending it to the us attorney is the inspector general. when the us attorney turned it down, he send it to the local da. i don't understand the process, but apparently, the inspector general can decide where to send the charges.

 

[Mike101]

The US Attorney declined to prosecute. That is a big clue right there. If its a US agency that your husband works for I don't see why the state would have any involvement. They should have no interest. Not saying they won't try. What they will charge him with I have no idea.
Has your husband been fired or placed on suspension?
If I was an attorney these are the exact kind of cases I would want. As a police officer this is the exact kind of case I wouldn't touch with a 10 foot pole.
Also what agency investigated it? Local Police Department? Government Agency? Was your husband ever interviewed?

 

[ruth salvatore]

Mike101: my husband works for the V.A. the investigation was done by them. the V.A. (federal) police informed my husband of the charges, read him his rights, interviewed him and took a statement. they were obliged to send the info the us attorney by way of the inspector general. from there it went to the local county da. to the credit of my husbands employer, they have done things according to the book. my husband continues to be employed and works everyday. his duties have been modified, but he continues to have a job. his employer has proposed termination and gave him plenty of time to present his side of the story and to present evidence in consideration for retaining employment. he had an audience with the V.A. director and she will ultimately make the decision on whether he keeps his job. as you can see, we are working on two different fronts. things will be clearer once our attorney returns and we can talk to him.

 

[Mike101]

The VA should have finished their investigation and passed the information up. The US Attorney looked it over and declined prosecution. I think it should have ended there. Your husband is guilty of probably breaking company policy. Since he paid the money back and the card was issued in his name I'm not sure he meets the elements of any crime.
Don't think that just because it seems like it should be a crime it is a crime.
How soon did your husband pay the money back?

 

[ruth salvatore]

mike101: i finally had a brief conversation with our attorney! he said that my husband did break the law but that because he paid the money back when it was due does not show "criminal intent to defraud" and that is what the da would have to prove in order to convict him of a felony. he also said that the da shares jurisdiction with the us attorney in this matter. i learn a new thing everyday. will know more on monday after our attorney talks to the da's office.

 

[Mike101]

I disagree that he broke a law. In order to break the law you have to meet all of the elements of the crime. I don't think your husband did.