fraud....?

[bgleah]

What is the name of your state? wa

If a sales agent for a company (vacuum company) takes a check from a customer for $100 as a downpayment, cashes it and doesn't put the money into the company but pockets it, what kind of legal or criminal action can be taken against them? Also, since the transaction was done while the person was making a sale and acting as an agent for the company, wouldn't the company be liable for paying back the customer?.... would it make a difference if the person was acting as an independant agent?

The customer filled out a contract with the company the agent was representing and the check was going toward the downpayment on financing that she was applying for with that company.

 

[moburkes]

What is the name of your state? wa

If a sales agent for a company (vacuum company) takes a check from a customer for $100 as a downpayment, cashes it and doesn't put the money into the company but pockets it, what kind of legal or criminal action can be taken against them? Also, since the transaction was done while the person was making a sale and acting as an agent for the company, wouldn't the company be liable for paying back the customer?.... would it make a difference if the person was acting as an independant agent?

The customer filled out a contract with the company the agent was representing and the check was going toward the downpayment on financing that she was applying for with that company.

You file a police report. Bring the cancelled check as evidence.

And, by the way, WHO was the check written out t?

 

[bgleah]

It was written to the sales agent (yes, she was stupid. she's old and has been banned from making any further types of transactions). The sales agent told her that if she made a cash down payment that she would qualify for a better interest rate with the financing. she didn't have cash, so he told her to write the check out to him and memo that it is for this sale and he would cash it and make it a cash transaction. and she did it.

 

[moburkes]

It was written to the sales agent (yes, she was stupid. she's old and has been banned from making any further types of transactions). The sales agent told her that if she made a cash down payment that she would qualify for a better interest rate with the financing. she didn't have cash, so he told her to write the check out to him and memo that it is for this sale and he would cash it and make it a cash transaction. and she did it.

Okay. File the police report. Contact the vacuum company. They would more likely than not, be willing to credit the $100 towards the purchase.

 

[bgleah]

We contacted the company, and they are stating that since the monies never reached them that they are not responsible for repayment. They said that their sales guy was working as an independant agent, even though he was on their payroll.....? We've contacted the local police and are going to file a report. But Im wondering since it's only $100, and she wrote the check to him, what kind of action could be taken against him, and if that qualifies for criminal actions to be taken by the police?

 

[moburkes]

We contacted the company, and they are stating that since the monies never reached them that they are not responsible for repayment. They said that their sales guy was working as an independant agent, even though he was on their payroll.....? We've contacted the local police and are going to file a report. But Im wondering since it's only $100, and she wrote the check to him, what kind of action could be taken against him, and if that qualifies for criminal actions to be taken by the police?

You did mention the independent contractor in the first post. Sorry about that. No, they are not required to do so. You can ask the police what type of crime this is.

 

[Zigner]

Did the contract indicate receipt of $100 as a down payment?