Legal Question in Criminal Law in California

Possible stealing!

Last week i fired my accountant (i run a small business) for stealing a few hundred bucks. i explained to her that if she paid me back the amount i wouldn't call the cops. she did pay back. now i have discovered she stole a few hundred more. i called the cops and had them file charges against her. Now her lawyer is investigating me informing me that i may have done something illegal by me telling her i would go to the cops unless she paid me back! i will deny it of course! And i am being told that unless i have undeniable evidence she took more (we have a 7 person office and she wasn't the only one with access to the cash and the daily deposits) she can only be prosecuted for the amount the evidence shows! am i better off accepting the city attorney's recommendation of a civil compromise? can she be re-prosecuted by me later if i find she could have taken more? and i stress the word COULD! i don't have first-hand evidence! I don't have positive proof!


Asked on 10/11/04, 4:43 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Possible stealing!

Depending upon how you did it, thretening to report the accountant to the police unless she paid you money could easily qualify as extortion. You need a lawyer immediately, especially since you seem determined to commit additional crimes -- perjury and/or obstruction of justice -- by denying what you did.

Many people don't realize that lying to police during an investigation is obstruction of justice, but it is and police do not overlook such conduct when they see it. If you think I am overstating the risk, you might want to have a chat with Martha Stewart.

I don't understand why you seem so surprised to learn that the accountant "can only be prosecuted for the amount the evidence shows." Do you think prosecutors should charge her with stealing additional funds when they lack such evidence? This is not how prosecutors function, and even if it were such a case would not succeed, since no jury would be persuaded beyond a reasonable doubt without seeing any evidence.

Only the government can prosecute crimes, so you cannot "re-prosecute" her later. You can try to get the D.A. to reopen the case if you find evidence that is not currently available, but he will not be required to go after her.

A civil compromise may be wise or it may not, since you might end up admitting to something that will get you prosecuted after the accountant's case is finished. This is another reason you need a lawyer. Whether it will work also depends upon how the accountant has been charged; civil compromises are only an option in misdemeanor cases, but theft of as little as $400 can be charged as a felony.

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Answered on 10/11/04, 6:58 pm


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