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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Hello, My first question is - can I speak with someone on

Customer Question

Hello,
My first question is - can I speak with someone on the phone today regarding an impending legal matter? If so please provide contact number and costs.
My second is regarding the matter itself. I have been embezzling funds from my employer for the past 15 or so months. This was carried out by exaggerating invoice amounts which the company paid, and keeping the difference myself. The total fraud amount is approximately £100,000 over the whole period.
They have begun making enquiries and I believe they have found some pieces of evidence which point to my wrong doing. This will surely result in a more thorough investigation which will open my accounts and they will see the full extent of the damage.
My view is that I will apprehend them by admitting on Monday that I have done this and explaining the extent of the fraud. My questions around this are:
1) What are the criminal consequences (prison time, fines, etc) of a crime of this scale?
2) Do they have a choice not to press charges? For example, if I pay the money back.
3) Would there be any leniency shown for honesty/admittance?
4) If I disclose a portion of the fraud, but not all of it, and they find out at a later date what are the implications?
Many thanks.
JT
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : Do you have a criminal record?
Alex Hughes : I am available to speak on the telephone this morning between 10 a.m. and 12 p.m. or this evening between 5 p.m. and 9 p.m.
JACUSTOMER-xw96g42n- : Hi Alex what is your telephone number?
Alex Hughes : I have sent you an offer of additional services. If you accept then you can insert your number and I will call you. Alternatively we can continue on this Q&A.
JACUSTOMER-xw96g42n- : Ok I may call you after this q&a. My criminal record is solely from juvenile offences before the age of 18, both resulting in cautions
JACUSTOMER-xw96g42n- : Alex I may not be able to reply to each query immediately, bear with me for a few minutes between responses
Alex Hughes : No problem bear with me as I type an answer.
Alex Hughes : Fraud involving loss of £100K from an employer is likely to result in a sentence of immediate imprisonment. The sentencing guidelines place the offence in the 18m - 3 years imprisonment bracket. This is a serious allegation, involving planning and significant loss in breach of trust.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and 2 other Law Specialists are ready to help you
Expert:  Alice H replied 2 years ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  Alice H replied 2 years ago.
Fraud involving loss of £100K from an employer is likely to result in a sentence of immediate imprisonment. The sentencing guidelines place the offence in the 18m - 3 years imprisonment bracket. This is a serious allegation, involving planning and significant loss in breach of trust.
If you repay the monies your employer may decide not to prosecute. What view they will take of this matter is difficult to predict; but usually where there has been such dishonestly on a large a prosecution will usually follow. If prosecuted an early guilty plea will result in a discount on the sentence by up to a third, but imprisonment for these cases is the norm unless there is an exceptional reason why a suspended sentence should be imposed e.g. Ill health.
Customer: replied 2 years ago.
Thank you Alex.
I have recently been to a rehab clinic for addiction, and part of the defence here would be on the basis of illness I.e "addiction" as my actions were compulsive and progressive. Would this have any effect on the sentence?
And it sou do like there is a clear choice from the employer's side as to whether to prosecute, does this mean that if they choose not to prosecute then it may not go to court at all?
Expert:  Alice H replied 2 years ago.
The addiction is unlikely to amount to a defence to theft/fraud but it would certainly amount to 'mitigation' to reduce the sentence. It may be enough to persuade a Judge to impose a suspended sentence rather than immediate imprisonment.
Regard the prosecution - it really is a matter for the employer to decide whether to report this to the police. If the money is repaid and they agree not to prosecute then this will not end up in court.

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