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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9325
Experience:  I have been practising for 30 years.
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I believe I will be facing fraud charges later this year. I

Resolved Question:

I believe I will be facing fraud charges later this year. I misappropriated £12,000 last year in one transaction. I had every intention to pay it back but lost my Job last month so have no way of putting the funds back with out them knowing. I have the funds now and would like to make a confession. If reported to the police is would I get a jail term bearing in mind I have confessed and paid the funds back.
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Have you already paid the funds back?

What you think the reaction of the be once this is repaid.

As much background detail as is possible would really help please.

Customer: replied 1 year ago.
No I have not paid the funds back. Not sure how to handle the confession
Not sure their reaction apart from Shock. They are a not for profit entity so may not wish the publicity
At the time I was under extreme financial pressure and was recovering from a episode of depression and anxiety brought about by overwork and office stress. I was also under pressure from work to get a personal matter sort that was becoming expensive. However when it was complete I would have the funds to return the funds.
Expert:  F E Smith replied 1 year ago.

Thank you. You are under no duty to incriminate yourself so if you have committed a crime, you do not have to confess voluntarily. If asked, you obviously have to tell the truth but just volunteering this to the police would serve no purpose.

My suggestion to you is to pay the money back in full and confess to the organisation that you took the money from exactly what you have done and tell them that you understand if they want to refer this to the police.

Of course, as you say, they may not want the publicity and apart from a little bit of morbid satisfaction it won’t give them anything other than give you a criminal record.

I cannot say what attitude they would have.

If they do report it to the police, and you get charged, and subsequently prosecuted you would simply plead guilty but what would be taken into account is the fact that you not only pleaded guilty but you volunteered to repay this money back and it had already been paid in full and therefore, because of the circumstances it’s unlikely that even if you were prosecuted you would get anything other than a fine or community service or both. I cannot think for one moment that you would get a custodial sentence, even a suspended one.

Can I clarify anything for you?

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Best wishes

FES.

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