Legal Question in Criminal Law in Idaho

Embezzlement help!

Okay, this is long but...I did something really stupid! I took traveler's checks that were supposed to be deposited into my employers bank account and deposited them into my own personal account. The people that issued the checks were from out of the country and left the ''pay to'' section blank so I just put my name on the check instead of my employers. I did this for around 8 months to the tune of $15,000. Those people have left the country and the checks were never reported stolen because they didn't know. Now, my employer found out and has contacted the police. The police contacted my bank and the bank has closed my account and haven't released my account balance (over 10 days ago).

I have no criminal history and am willing to pay restitution (in payments) if they will let me. I realize that I will be arrested and charged but my question is this...Can I ever get my money from the bank? My family is suffering because of my stupidity. The funds that are currently in the bank are from non-fraudulant sources. How can the bank hold money that is actually mine? Also, what are the chances that I will be put in jail and for how long considering the amount and the fact that a bank is involved? Please help!!


Asked on 7/20/02, 4:10 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Embezzlement help!

you need to file a motion to get the account unfrozen. Then you must prove that the funds were deposited from a non-embezzled source. In other words, you must trace from where the funds came.

The problem is that the court still might not let you do so because the court and the prosecution are concerned with having the funds to pay the victims back the money that was stolen.

You need an attorney as soon as possible so that the attorney can negotiate the terms that you set forth in your question. If you try to do so, they can use any statements you make against you in trial. The problem is that if there is $15,000 in your bank account, why would they make a deal for you to pay back in years what they can get back immediately. However, it is possible.

The chance that you will spend some time in jail is probably pretty good, although it might just be 120 days up at the minimum security Cottonwood facility. You could also get some time, maybe 3 months to 6 months in jail as part of a term of probation. Also, considering your complete lack of a prior record, you might get straight probation with a month in jail. It is hard to say.

The bank is not the entity that has frozen your funds, it is the police. The court is likely to order the funds in your account be used to pay restitution, but it is possible you might be able to make a deal that you make monthly payments.

If you want to hire me, I require a $1000 retainer up front and I charge $120 per hour for the work that I do. My teleph # is 208-345-3817.

Do not discuss this with anyone, including your wife as she can be subpoened to testify against you, as can anyone other than your attorney. In other keep your mouth shut until you talk to an attorney. Tell them that an attorney has told you not to talk to anyone, especially the police or prosecutor.

If you can't hire an attorney, one will be appointed for you at the arraignment. However, if you hire an attorney, he may be able to keep any jail time at the beginning of the case to a minimum.

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Answered on 7/23/02, 11:26 am


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