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Possible Embezlement/larceny

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PREZIDENT

Junior Member
I am the President a non-profit social organization in Portland, OR. The former VP left our organization in October of 2007. His departure was not on good terms and there was a lot of public arguing. We requested that the bank remove his authorization with respect to our bank account and he told the local president that he destroyed the debit card that was in his posession. When I go to the bank today, i will find out whether this was a lie, or whether he somehow got a replacement card. In either case, beginning on October 29th, this former member began running up purchases and ATM withdrawls on a card. Over the last 3 months, he has accumulated approximately $1,300 in unauthorized purchases and withdrawls. He also made 2 deposits, totalling $700, perhaps to cover his tracks. So, as of January, the club was missing $600 and our account was overdrawn.

Once we investigated, we learned that it was this former member who had been making these charges. He committed a total of 16 unauthorized transactions. (As a side note, the bank admitted that they made an error, and that his card should not have been active.) As soon as we figured it out, we called this guy and within minutes he was at the bank transferring money from his personal account into ours. He followed that up with an email to all the officers confessing that he took the money and that it was for silly, vindictive reasons to screw with the organization. He said that he knew that whenever he was found out, he could just replace the money. (Later today, I will find out whether all the money has been replaced.) He did not apologize or show any remorse. He simply said, "YES I DID IT AND I DID IT ON PURPOSE." "IT HAS NOW BEEN FIXED."

MY QUESTION
It is clear that he stole from the organization by withdrawing funds and making personal purchases after he was no longer a member of the organization. We also have a written confession emailed to 6 different peeople. It is likely that he will claim that he never intended to keep the money and that he had already replaced some of it when he was discovered. What I would like to know is whether we can prosecute him for this embezlement or larceny? I do not want to judge what his ultimate intent was, how long he would have kept it up, or whether he would have kept the money. But we take this matter seriously, and I would like to prosecute him for these offenses. Can we still prosecute him if the money has already been replaced?

QUESTION 2
Another interesting side note is that this guy's "real" profession is as a Washington county Sherrif. Yes he is an idiot. What can he be thinking? My question is how might this affect his career?

Thanks, and sorry for the long story.

PREZIDENT


What is the name of your state? Oregon
 
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PREZIDENT

Junior Member
OK, all but about $60 in overdraft fees adn ATM fees have been returned by the perpetrator. the bank has asked us whether we want to pursue the matter?

My last question is whether we are talking about petty larceny or whther the overall $1,500 amount constitutes grand larceny?

Thanks
 

seniorjudge

Senior Member
Q: Can we still prosecute him if the money has already been replaced?

A: Yes. And it is not up to you; if the government wants to prosecute him, you have no say in the matter.


Q: Another interesting side note is that this guy's "real" profession is as a Washington county Sherrif. Yes he is an idiot. What can he be thinking? My question is how might this affect his career?

A: I don't know and I don't know.


Q: My last question is whether we are talking about petty larceny or whther the overall $1,500 amount constitutes grand larceny?

A: Felony.
 

PREZIDENT

Junior Member
Q: Can we still prosecute him if the money has already been replaced?

A: Yes. And it is not up to you; if the government wants to prosecute him, you have no say in the matter.


Q: Another interesting side note is that this guy's "real" profession is as a Washington county Sherrif. Yes he is an idiot. What can he be thinking? My question is how might this affect his career?

A: I don't know and I don't know.


Q: My last question is whether we are talking about petty larceny or whther the overall $1,500 amount constitutes grand larceny?

A: Felony.
Thank you so much. can you tell me what makes this a felony? Is it the nature of the crime, the amount, or what?

Also, would this be considered one crime or 16 crimes that took place over a 3 month period?

thanks again.
 
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seniorjudge

Senior Member
Q: can you tell me what makes this a felony? Is it the nature of the crime, the amount, or what?

A: It could be either or both; I would have to read the statute to tell you.


Q: Also, would this be considered one crime or 16 crimes that took place over a 3 month period?

A: Excellent question. A prosecutor would GENERALLY call this a "common scheme or plan" BUT it could also be looked upon as 16 individual offenses. It's the prosecutor's call.
 

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