Legal Question in Criminal Law in California
what's at risk
I have borrowed approx 15,000 from a non profit organizaton without permission. I the money is paid back can I still be charged. If so who could press charges. there are currently no board members left on the associaton. I do have someone who wants to review the books, however I have been stalling until I have a better understanding of what my position is at this time.
5 Answers from Attorneys
Re: what's at risk
Theft is theft, embezzlement is embezzlement, it does not matter if you paid it back or not. You can be charged criminally.
Re: what's at risk
Of course you can still be charged. Charges are filed by the government, not by the victim, so the status of the nonprofit isn't going to protect you.
Why do you have the organization's books in the first place? Who is the person who wants to see them? You may be legally required to let him or her have a look. If that person reports you to the authorities, you may be prosecuted.
I suggest consulting directly with a lawyer ASAP.
Re: what's at risk
Yes, you can still be charged with felony grand theft or embezzlement. Board members do not bring charges; prosecutors do. Thus, if a previous board member or someone with personal knowledge of your actions notifies the prosecutor, then charges could be brought against you.
In this case, you may be able to work out a civil compromise before any charges are filed. However, you need to have an attorney negotiate this for you and make sure the DA is aware and approves the deal. Absent that, even if you return the money, there are no guarantees you won't be charged.
Feel free to contact us if you are serious about obtaining representation.
www.NotGuiltyInCA.com
P. 714.904.1669
Re: what's at risk
It is not 'borrowed' it is 'embezzled' when it is taken without permission, i.e. stolen. Of course you face felony criminal charges, and prison time, upon discovery of the theft. If you repay it promptly, it could help mitigate and reduce the severity of the charges and of the sentence you would receive. I suggest you hire an attorney now. He may be able to dramatically improve your outcome in this. You're not doing yourself any good by delaying until you're arrested. Feel free to contact me if serious about doing so.
Re: what's at risk
Please call me directly if you are charged for embezellment.
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