I'm Guilty - but want opinions

[>Charlotte<]

You never clarified how, exactly, the account is set up.

If it's a corporate card with you as an authorized user and a balance remains on the account, you and the company are not "done".

 

[swalsh411]

Hopefully, for your sake, it won't happen, but if the police ever come asking questions, do not speak to them. They will probably say something like "we just want to clear this up" or "we just need to understand what happened". Don't buy it. They already know exactly what happened and are looking for you to confess to it.

That's the point at which you want to shut up and contact an attorney. Do NOT try to explain your way out of it or say that your employer said it was resolved. If it were resolved, they wouldn't be there wanting to talk to you.

 

[justalayman]

Hopefully, for your sake, it won't happen, but if the police ever come asking questions, do not speak to them. They will probably say something like "we just want to clear this up" or "we just need to understand what happened". Don't buy it. They already know exactly what happened and are looking for you to confess to it.

That's the point at which you want to shut up and contact an attorney. Do NOT try to explain your way out of it or say that your employer said it was resolved. If it were resolved, they wouldn't be there wanting to talk to you.

Ditto.

From what you have stated, this will not happen but if it does, swalsh411 has given good advice and insight.

 

[Doublecredit]

Thank you for the advice

The account was setup using my SSN and my credit rating. The agreement between company, me, CC read that I was soley responsible for all charges, late fees, etc. on the card. It also read that I should not use it for personal use (which is why I was terminated). I never submitted any charges to the company to pay - I always paid the balance, until the balance became to large to pay in one payment. I then made smaller payments, but that wasn't fast enough for the CC. That's when this escalated and I was terminated.

The card itself reads, CC Name - Corporate
Then My Name
Then Company Name

I agree that the advice given is good. Should this escalate I would seek an attorney and not say anything. However it doesn't sound like it'll go that way at this point. HR was very clear that the issue and debt is between CC and me at this point. The company is now out of the matter. She said if I do not pay the CC company it'll then go to collections, but again, that's an issue between myself and CC at this point.

 

[pattytx]

Consider yourself lucky that being terminated is all that happened. Being in "financial straits" did not justify your actions, and I think you know that now.

 

[Doublecredit]

So I'm hearing 2 things

First, again - thank you for the replies and advice.

Second - I'd like to clarify the two views on this from what I've read.

View 1 is that I stole / borrowed the money without authorization.
View 2 is that I used the card as an authorized signer.

We are all in agreement what I did was stupid and deserved termination. And moving forward, I will not do this again! However was it criminal and/or could be consider criminal?

The card was in my name but backed by the company as I understand it. The policy stated that I was the soley responsible for the card, charges, fees, etc. - not the company. However, on the back side of that piece the policy read that I should not use the card for personal purchases. If I did, I would be subject to punishment and/or termination - of course I was terminated and I get that.

Either way, I believe I'm in the clear. I'm terminated and HR said that's it - this is now a debt I need to respolve with the credit card company. And a credit card issue is a civil issue - not criminal, correct?

I guess I just would like a firm answer on this. Do we believe this is truely a done issue (aside from me dealing with the CC at this point)?

Thanks Everyone!

 

[cyjeff]

If you handed someone a credit card to make a specific purchase, you are authorizing their use.

Now, you find out that they put an additional seven thousand dollars on it... and are really sorry and promise to pay you back.

Do you feel that you have been stolen from?

 

[swalsh411]

Since you were an authorized signer on the card I highly doubt the police would view it as fraud. They have bigger fish to fry. You violated the policy obviously but that's not by itself a criminal act.

 

[Doublecredit]

Interesting way to put it...

I'd have to answer no to that question - the money wasn't "stolen" as the person in question was an authorized signer AND the card is in their name AND they are soley responsible for all purchases, fees, etc... (regardless if it's personal or business). Of course business items would be able to be submitted back for reimbursement. Now if personal items were reimbursed by the company - that would be theft 100%.

The bills and statements came to me, to my name - not the company. Do you feel the money was "stolen"? My question still remains, what is the technical view or legal view on this issue? Would this be consider a criminal act or not?

 

[pattytx]

Maybe, maybe not. However, if the card was guaranteed by the company (and I'll bet you it was), and they have to pay if you don't, the chances go up.

Learning the hard way sucks, doesn't it?

 

[Astrolink]

Between the lines, I have to wonder if the OP wants to 100% know if this matter is criminal or civil as they are contemplating bankruptcy and want to list this debt.

 

[Doublecredit]

Not considering bankruptcy

My question on this being criminal or civil all ties back to my concerns about being arrested for using a credit card I was the authorized signer on, paying the debt on, however breaking a company policy and now I have been terminated. And the outstanding balance is still due by me (not the company). Someone had asked, will they press charges - and I was like, why? I only broke the company policy and was terminated due to a mistake in judgement. I never expensed the personal debt to the company, the company didn't pay for the debt, and the debt falls 100% on me - per the policy as well. Which in end, why would they care if I use it for personal use if I'm 100% liable anyways? But they did / do and I was terminated for it.

HR says this is a done issue, no further action (legal or otherwise) will come from this. HR said this is now a debt issue between me and the CC company. I think I'm in the clear - but still in the back of my mind I'm concerned over the boys in blue rolling up and saying I "stole" money - which I didn't do. I was an authorized signer, the bills come to my house in my name, and I was paying on the bill. However not as fast as the CC wanted me to pay. That's when the issue escalated. If I could have paid the debt in full - nothing would of came of this... stupid stupid mistake, I know...

Now my next question to be answered, will the state where I worked allow me to collect or not? I need to talk to unemployment and see.

As a side note (not that this matters), but the company is in a different state then where the CC bill comes to and where I live. If this were criminal (which I don't think this is), they'd have to pursue legal action in that state and then engage my state - right? I don't think they'd go thorugh all of that action as in end I was an authorized signer of the card and the debt fall on me 100%.

I'm just don't want to end up in cuffs over an error in judgement...

 

[justalayman]

unless you attempted to defraud the company, you broke a company policy, not the law. From what you have stated, you made no attempt to defraud the company. As such, there should be no criminal charges possible from this.

 

[dlw99]

I think you should be worried about how you are going to get another job, pay back the credit card company, and clean up your credit rating.

Sounds like you just threw away your job security at a time when employment opportunities are scarce.

You might not go to jail, but you may end up visiting the soup kitchen every night.