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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71154
Experience:  Over 5 years in practice
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My son stole some money from his employers around 2000, he

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My son stole some money from his employers around 2000, he admitted to them voluntarily that he had done it and he was dismissed and the company called the police. He was arrested and questioned, he again admitted to the police that he had taken the money from a company ebay account that he was running for the company. When he was questioned by the police they were more intent on questioning him on another matter as his company feels if he is a thief he must of had something to do with a recent scam.
The company have now accused my son of another matter that happened while he was employed with them, he received an email from a company pretending to be one of the contractors asking for a bill to be payed. The email looked genuine and asked for the money to be payed to a Barclays account as their normal one was being audited and my son printed the attached invoice off and passed it on to accounts to be paid, he told the accounts department about the email and accounts paid the money in to the new account. Accounts then emailed my son a bank confirmation and he sent it to the company as normal. About a week later my son received another email asking for further payment, there was no instruction on the email and he printed the invoice off and passed it on to accounts. accounts paid the money in to the Barclays account, sent my son a bank receipt and he sent it to the company, they emailed him back telling him they had asked for this one to be paid in to a different Lloyds account, the accounts department did not notice the change of bank account on the invoice. The company asked that the payment needed to be made again to the Lloyds account , my son went to accounts and told them it looked strange. Accounts asked my son to email them and ask them to return the money from Barclays and they would resend it to Lloyds, while he was doing this they called the real company and found that they had not received the payments. On closer scrutiny the end of the email address had been changed from PL to PL.Com
My son is worried that because he stole the ebay money he will be found to have something to do with this scam, the police are investigating and my son has to report back to them in November. He cannot access his work emails to print them off as evidence and he is worried that the company will close ranks on him.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking about the criminal position or the employment?
Customer: replied 3 years ago.

criminal position

I can help with that
What would you like to know about that?
Customer: replied 3 years ago.

Where does my son stand with the scam email/company? how can he prove that he had nothing to do with this, is he looking at prison for the ebay money 2000 - 3000 pounds

You don't win cases by proving innocence in the UK. Its not normally possible to prove a negative. You win cases by creating a doubt as to guilt.
How that is achieved depends on the facts of the case and how much evidence there is an in what form.
They probably will believe that he had something to do with the denied allegation. That isn't the issue. The issue is whether they can prove it. Obviously it looks a bit suspicious but they are going to need to show that there was some connection between him and the company in question or whether the funds had gone. If they cannot then there is no real case against him as far as that particular claim goes.
£2k - £3k isn't the biggest sum but its the breach of trust that aggravates the situation. I have seen people get custody for this amount taken in circumstances of theft from employer. The likelihood is that he would avoid it in favour of an onerous community order or a suspended sentence though. First offence, early guilty plea will all mitigate. The best mitigation is repayment of the money though.
Can I clarify anything for you?
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Jo, thank you for your help

No problem and all the best.

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