Theft

[storman]

What is the name of your state? oregon

My nephew borrowed money from his workplace with intentions of paying it back. Circumstances prevented this and he resorted to faking a breakin.

His boss told him that if he knew anything that the boss could stop the investigation.

What can the boss actually do?
What will the police do?
Should my nephew confess, get a lawyer, what?

 

[Mike101]

Get a lawyer.

 

[JETX]

First good thing you can do is to ignore Mike000. He has NO legal experience or knowledge... as proven by his posts.

As for your questions:
Q1) 'What can the boss actually do?"
A1) Your nephew faked a burglary.. and in fact committed theft. His boss CAN contact the police and stop the burglary investigation, but in doing so, he would very likely have to explain his reason.... (to protect him from 'false complaint' concerns) and that could lead to theft charges against your nephew.

Q2) "What will the police do?"
A2) Can't tell what they WILL do, but they could consider theft charges against the nephew.

Q3) "Should my nephew confess, get a lawyer, what?"
A3) Naturally, any reasonable and mature person would suggest that your nephew accept responsibility and accountability for his actions. The issue of lawyer, etc. would be reserved until he finds out what charges, if any, he could face.

 

[Mike101]

My only experience I have is as a cop. He would be an idiot to talk to his boss by himself. A boss is not a cop so anything at all that he says to the boss can be used against him in court.
So lets see...who would be a good person to represent your son...maybe a lawyer?
Think so Halket?

 

[JETX]

Personally (and also as a former LEO), I think our society is full of too many people who do not accept the responsibiliy of their actions and are always trying to blame someone else.

In this case, it is my belief that the nephew show his maturity and own up to his actions.... I presume with his soon to be 'ex-boss'. Then, let the chips fall as they may. If the boss calls the police, so be it. If the kid is generally a good kid, the boss MIGHT just let it ride with a termination and restitution. Either way, this is an opportunity for the kid to learn a very valuable life lesson.
And since NONE of us can foretell what someone else might do, my answer stands....

 

[Mike101]

If he was going to fake a break in to cover the loss of the money that means he took it without permission. That would make it a felony. If he resorted to the break in that will also be a felony. He needs an attorney. If the police spent time investigating a break in they probably will not just drop the investigation. Therefore he needs an attorney.
The boss can contact the police and ask about stopping the investigation. If the police don't know about the son then that makes the boss a possible suspect. To stop being a suspect the boss will have to give up the son. With goes back to my first post...get a lawyer.

 

[JETX]

"If he was going to fake a break in to cover the loss of the money that means he took it without permission. That would make it a felony."
** Wrong. The determination of felony or misdemeanor is solely contingent on the amount taken.

"If he resorted to the break in that will also be a felony."
** Wrong again. The level of charges would be determined solely by the facts. There are LOTS of misdemeanor 'break-ins'. You are also mis-stating the facts presented in the thread. The original post only said, "he resorted to faking a breakin", not that he actually did one.

 

[Mike101]

When an employee steals from their employer it is a felony. When the boss said he could stop the investigation I took that to mean the B&E investigation.
Storman can you clear that up?

 

[storman]

Mike101:

Supposedly, there are three separate investigations going on, one: police; two: private; three: insurance. My nephews boss told him he (meaning the boss) could stop everything.....

I don't see how this would be possible unless there is no actual police investigation going on. How would I find out if there is and would asking questions raise more questions or cause one to start if it hasn't already?

If my nephew talks to his boss and tells "all" how should he safegaurd himself against possible prosecution when he has been told that would not happen if he spoke up?

Felony? Misdomeaner? $amount? What are we talking about here?

 

[JETX]

When an employee steals from their employer it is a felony.

Where the hell did you get that??

The different charges for theft are shown in chapter 164 of the Revised Oregon Statutes and I was not able to find ANYTHING supporting your claim that "theft from an employer is a felony".

Is this another of your 'made up' laws that you are known for??

Tell you what... how about your looking at the ORS and telling us where it is. I will even make this REAL simple for you and give you the link to the applicable ORS... http://www.leg.state.or.us/ors/164.html

So, how about your proving your claim?

 

[storman]

Where the hell did you get that??

The different charges for theft are shown in chapter 164 of the Revised Oregon Statutes and I was not able to find ANYTHING supporting your claim that "theft from an employer is a felony".

Is this another of your 'made up' laws that you are known for??

Tell you what... how about your looking at the ORS and telling us where it is. I will even make this REAL simple for you and give you the link to the applicable ORS... http://www.leg.state.or.us/ors/164.html

So, how about your proving your claim?

You two should be lawyers, you argue enough and don't really answer the question.......:

 

[Mike101]

storman

With an employee and a place that he works at there is a trust. An employee is trusted with the money and products of the business. Therefore it is not going to be the same as a person coming off the street and stealing something. In North Carolina the charge would be larceny by employee and/or embezzlement. I can't imagine any state not haveing an embezzlement law on the books. Embezzlement is a felony. Your nephew violated a trust. The amount needs to be something of value.
If you start asking questions that will probably raise eyebrows.
Your nephew's boss might just be saying that the police are involved to scare people to admitting to something. If the police aren't involved the store would probably be happy with getting the money back and firing your nephew. They might have a store policy that states employees are to be charged. If so your nephew needs an attorney. The boss can say whatever he wants to say. That he will do this or that and then he can turn around and do the opposite. He doesn't have to really play by any rules.
In the police are involved already they your nephew needs an attorney. There are a lot of variables. Tell him to go talk to an attorney. First visit is usually free.

 

[JETX]

Mike: You still haven't proven your 'made up' law.

Storman: What do you mean that you haven't gotten an answer?? Can you read?? I answered your questions, one by one.

And since you have obviously lost your memory, I will make it very easy and repeat them here.....
--------------------

As for your questions:
Q1) 'What can the boss actually do?"
A1) Your nephew faked a burglary.. and in fact committed theft. His boss CAN contact the police and stop the burglary investigation, but in doing so, he would very likely have to explain his reason.... (to protect him from 'false complaint' concerns) and that could lead to theft charges against your nephew.

Q2) "What will the police do?"
A2) Can't tell what they WILL do, but they could consider theft charges against the nephew.

Q3) "Should my nephew confess, get a lawyer, what?"
A3) Naturally, any reasonable and mature person would suggest that your nephew accept responsibility and accountability for his actions. The issue of lawyer, etc. would be reserved until he finds out what charges, if any, he could face.
-------------------------------

Now, you may not have liked my answers (probably since your questions were largely unanswerable). As noted in my post, you are asking us to tell you what someone else is going to do based on facts in the future.... not even Cleo could do that.

Have a happy day..... and don't be a role model for your nephew.