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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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I have been caught misappropriating funds from my organisation. This has gone on over a number of years and totals probably about £80k. I am absolutely terrified as to what might happen to me. I am almost at the point of thinking life isn't worth living any more
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Are you able to repay the funds? Are you co-operating with the investigation?
Kind regards
AJ
Customer: replied 2 years ago.

Yes I am co-operating fully with the investigation.

I offered at the time I was found out to repay. My husband and I could repay the funds misappropriated.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I think from the off you have to accept that everyone realises that people make mistakes and have moments of weakness. Both from a moral and legal perspective how you pick yourself up from those mistakes and move forward is what will define you.
You have the following points in your favour:
(i) The matter has finished - you were caught doing wrong and that part of it is over;
(ii) you have owned up to the mistake and co-operated fully;
(iii) you have the funds to repay the wrong doing.
By acting with honesty and integrity from this point forward will only serve your interests and show you that there is everything to carry on for. You will receive a far more positive response from showing genuine remorse and putting this chapter of your life behind you.
Considering these positive points - you do have the right to defend yourself - so are there any mitigating factors? For example were you under any particular stress or illness?
Have they said they will charge you?
Kind regards
AJ
Customer: replied 2 years ago.

The only mitigating factor that I can think of is the continued stress I have been suffering since 2002 when my younger brother was tragically killed in a light aircraft accident in Australia, and the loss of my father in 2005. As a result of this my elder daughter has subsequently been diagnosed with borderline personality disorder and it has at times been unbearable. There was no financial incentive as we are a fairly well off family.

They haven't said as yet if I will be charged or whether it will be dealt with internally.

I am terrified of what will happen if I do get charged.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
If you are charged then the court will take into account all your conduct up until the date of the trial. Everything you have done up until this point will work in your favor. If you show genuine remorse and the ability to give restitution then this will all go into your favor when comes avoiding a custodial sentence.
Do not be scared of what is going to happen - just co operate fully. If they charge you - then immediately go and contact a local solicitor to represent you as you have the right not to incriminate yourself so it is very important that you have someone representing at this point.
In the mean time can you get people to give you character references and also people to explain the stress you have been under since 2002?
Kind regards
AJ
Customer: replied 2 years ago.

I'm sure I can find someone to give me a character reference and to explain the stress of coming to terms with losing a family member in such circumstances.

Thank you for your help and I sincerely ***** ***** will deal with the matter internally however due to the amount involved I suspect that wont be the case.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
The fact that you can repay them, means that they may not see the need to prosecute, it depends if they feel they need to make an example of you. As I presume there is little risk of you re offending they may take the view not to. Aside from the obvious misappropriation, is there any one in particular that has any personal ill feeling against you in the company? If not you have to bare in mind that this is embarrassing for the company as well, and if they can be repaid and deal with this internally, without publicity then that is to their advantage too.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

There is no one, that I am aware of, that would be determined to make an example of me. I think that it would be hugely embarrassing for them as they are a sizeable organisation in our community.

I can only hope and pray that the route they take is to deal with this internally.

An NO there is absolutely no chance of me re offending. My lesson is clearly leaned, the very hard way.

Thank you for your advise, I feel a little more settled within myself now.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
The most important thing is to show genuine remorse. You will then see how many friends and family you have that will support you and you can use this as an opportunity to show them the positive qualities you have as a moral an accountable person. I think you will then clearly see there is every reason to carry on and get through this.
Just remember get yourself a solicitor if you are charged.
I wish you the best of luck - dont forget we all make mistakes and everyone is entitled to show remorse and be forgiven.
Kind regards
AJ
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