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#7350 - 09/28/05 12:30 AM employee misuse of company checks
Anonymous Unregistered	An employee has used company checks to pay personal bills. We are in the process of gathering evidence. One of her debtors advised us to contact our bank's fraud department. I don't know what the reason for this is. Is it the bank's responsibilty to prosecute? :confused:
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#7351 - 09/28/05 01:26 AM Re: employee misuse of company checks
Don_Narup Diamond Discusser Registered: 07/13/01 Posts: 3204 Loc: Las Vegas Nevada	Is the person an authorized signer on the account? If so then its between your company and the employee. You should notify the bank immediately that the employee is no longer an authorized signer and get new signature cards signed. If the employee forged signatures notify the bank immediately. _________________________ HMDA Fair Lending/CRA Analysis,Assessment Area Maps,Geocoding,Demographic Analysis 800-995-5448
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#7352 - 09/28/05 07:46 AM Re: employee misuse of company checks
Suwannee Platinum Poster Registered: 06/07/02 Posts: 643 Loc: Florida	Shouldn't they file a police report and press charges against this person? She knew the money in the business account was not there to pay her personal bills. You need to get this on her criminal record to protect other companies from her. _________________________ What you learn after you know it all is what counts.
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#7353 - 09/28/05 11:44 AM Re: employee misuse of company checks
Don_Narup Diamond Discusser Registered: 07/13/01 Posts: 3204 Loc: Las Vegas Nevada	I understood the question to be will the bank prosecute. If the person was an authorized signer on the account then the bank is not going to do anything. (There are variations on that which is why the company needs to discuss this with the bank immediately) Of course the company needs to call the police, file a report and press charges. Then its up to the local District Attorney as to where it goes from there. _________________________ HMDA Fair Lending/CRA Analysis,Assessment Area Maps,Geocoding,Demographic Analysis 800-995-5448
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#7354 - 09/28/05 11:59 AM Re: employee misuse of company checks
TNBanker 100 Club Registered: 08/09/05 Posts: 101	If it is found to be true that the employee was stealing, the crime needs to prosecuted and placed on her record. As a banker and a small business owner, I realize how valuable knowledge about a potential employee can be.
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#7355 - 09/28/05 01:01 PM Re: employee misuse of company checks
JacFSB Power Poster Registered: 11/19/01 Posts: 4079 Loc: On my soapbox	Whether or not the bank prosecutes will depend on whether or not the bank has any liability for the checks. Even if the bank is not obligated on these items, it is still a good idea to notify the bank of the incident, as law enforcement may need information from the bank (such as signature cards) as evidence. So you will want to either 1) request the relevant documents from the bank or 2) authorize (in writing) the bank to share the relevant documents with law enforcement. _________________________ It's hard for an egg to become a bird. It's harder for an egg to learn to fly. C.S. Lewis
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#7356 - 09/28/05 03:42 PM Re: employee misuse of company checks
Don_Narup Diamond Discusser Registered: 07/13/01 Posts: 3204 Loc: Las Vegas Nevada	"the crime needs to prosecuted and placed on her record." Yes but it may not be the bank, or the company that prosecutes. It will be up to the District Attorney in many jurisdictions that will prosecute. Its the complaint to the police department that gets the ball rolling. If the police think there is a good case they will present the case to the DA's office. The amount stolen will also govern the type of crime the employee will be charged with. Don't be suprised if no jail time, and few months probation and restitution at $5.00 a month will be the final outcome. _________________________ HMDA Fair Lending/CRA Analysis,Assessment Area Maps,Geocoding,Demographic Analysis 800-995-5448
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#7357 - 10/03/05 03:22 PM Re: employee misuse of company checks
armac 100 Club Registered: 06/22/05 Posts: 100 Loc: South Texas	Quote: "the crime needs to prosecuted and placed on her record." Yes but it may not be the bank, or the company that prosecutes. It will be up to the District Attorney in many jurisdictions that will prosecute. Its the complaint to the police department that gets the ball rolling. If the police think there is a good case they will present the case to the DA's office. The amount stolen will also govern the type of crime the employee will be charged with. Don't be suprised if no jail time, and few months probation and restitution at $5.00 a month will be the final outcome. Depends on the amount of the loss, for the bank and the employer. We have been able to prosecute several people Federally in the last year. They have been handing out jail sentences.
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