Legal Question in Criminal Law in California

Could I be in trouble?

My bookkeeper stole from me and I pressed criminal charges. The court and attorneys determined that she only took about 1/2 of what I feel she took and ordered her to pay me 1/2 of what they felt she took from me- which she did. I filed an insurance claim for the amount I felt she took. My insurance co paid me the claim plus my ex employee paid me-which I did not report to the insurance company. So in the eyes of the court I received a lot more than they thought. Now my insurance co is going after my ex employee for the full amount. Which is far more than was decided on - could I now be in trouble for insurance fraud?


Asked on 5/05/07, 11:05 am

1 Answer from Attorneys
Peter Berlin Law Offices of Peter Berlin, A Prof. Corp.

Re: Could I be in trouble?

You are not entitled to a double recovery or a windfall. If the combined sum from the employee and insurance company exceeded what she stole then you may have an issue. Whether it rises to the level of insurance fraud is another matter depending on your intent and the facts.

The insurance company will generally be entitled to an offset if they find out that the employee had already paid you.

You should contact an attorney to discuss detailed facts of your situation. And certainly so, if you beleive there is an investigation against you commenced by either the insurance company or the DA's office.

www.berlinfirm.com

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Answered on 5/05/07, 11:46 am


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