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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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If someone was been accused of theft and fraud by a former

Customer Question

If someone was been accused of theft and fraud by a former employer and that said employer are claiming that the former employee falsely increased their own salary and had not returned company property which they are claiming as theft. The former employer reported this to the police which resulted in the arrest of the former employee.
Is it possible to steal something that was given to you with consent? Also the police have seized the hard drive. Is this a civil mater or criminal for alleged non return of company property?
The former employee has now been released on bail and has to sign on the police station 3 days a week until the bail date. No charges were made. The former employee believes the conditions of bail were unfair and wonders how to appeal it?
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.
Hello what was give with consent precisely?
Customer: replied 6 months ago.
To support the former employer during their studies which meant that they didn't access to company information so they brought the former employee the hard drive
Customer: replied 6 months ago.
* correction I meant to support the former employee during there studies. But as the employee resigned is this a cival or criminal matter
Expert:  Jo C. replied 6 months ago.
Was it agreed that you would receive an increased amount of money?
Customer: replied 6 months ago.
No. This never happened as payment remained the same according to the contract of employment. They are lying about this as the audit will show that it is not true
Expert:  Jo C. replied 6 months ago.
I'm not sure I understand what you mean?
Customer: replied 6 months ago.
They are lying. No extra payment was made
Expert:  Jo C. replied 6 months ago.
isn't there a record of it?
Expert:  Jo C. replied 6 months ago.
Or are they saying it was cash?
Customer: replied 6 months ago.
They have not stated the method all they said was it was fraudently overpayment
Expert:  Jo C. replied 6 months ago.
It is clearly a criminal matter. If their allegation is accepted then this is either a theft or a fraud. However, if the payment wasn't made then they shouldn't be able to show that this happened unless they are going to start arguing that cash was stolen which is not really consistent with there being an overpayment. The police are free to seize the hard drive. They are investigating crime. Normally you can appeal bail conditions to the Magistrates Court but there is no point here. These are not onerous or unreasonable conditions in the circumstances. Can I clarify anything for you? Jo
Customer: replied 6 months ago.
Are you saying the dispute regarding the hard drive is criminal or civil?
Expert:  Jo C. replied 6 months ago.
There isn't a dispute. They have the right to seize it under PACE. They are investigating a crime.
Customer: replied 6 months ago.
Even if the property was given to the former employee and as that employee left they are claiming theft for non return of property. The dispute is that the company had given the former employee this property to support that person during there studies which still is on-going
Expert:  Jo C. replied 6 months ago.
Yes, that is right.They are investigating crime.

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