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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71140
Experience:  Over 5 years in practice
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What should I expect, I have been found to have fraudulently

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What should I expect, I have been found to have fraudulently paid money to myself from a position of trust

Can you explain your situation a little more?

Customer: replied 4 months ago.
I instructed that a payment be made to a supplier but gave my personnal account. The money was paid and cashed.

How much is it ?

What was the position of trust?

Customer: replied 4 months ago.
Director of Finance. it was for £16k

okay.

Is this the one only time that you've done it? Was it one instance or an ongoing course of conduct?

Customer: replied 4 months ago.
The one instance

Is this from an employer?

Customer: replied 4 months ago.

I am sorry but this is going to fall into a category two culpability A bracket.

That will mean the starting point is two years custody and the range is one to three and a half.

This is a breach of a very high amount of trust. On the upside though it is money at the lower end of the sentencing scale.

if the end sentence remains under 18 months then you might be able to get a suspended sentence.

I am sorry but that is a reality.

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
How can I avoid it going to court. Can I engage a solicitor to enter into discussion with my employer?

You can do that but it doesn't mean they would engage obviously.

but you could try.

Whether it goes to court really turns upon your employer's attitude.

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 4 months ago.
I have been asked to write a statement to explain how the money got paid to the account. Also I have been invited to a disciplinary hearing. I would rather a Solicitor approached my employers on my behalf to say that my position is untenable and that I will like to offer my resignation with arrangements to repay the money. Can I please have your view on this?

I a criminal lawyer so cant comment really on your employment situation.

if you post another question in employment then somebody could help though.