Legal Question in Criminal Law in Virginia

My brother recently revealed some information to me and I would like to know what could happen.....

He was issued a credit card in his name by his former company. When he left that company (for a different job) that card was not cancelled. According to him, he fell upon some serious and hard times, realized the card had not been cancelled and used the credit card to purchase food/gas, but he immediately paid it back.

What's the deal here, what could he be up against? We're just concerned...

BTW- I confiscated the card and cut it up with my own two hands so this wouldn't happen again...the big dummy.... Thanks for any insight offered.


Asked on 7/05/11, 6:01 pm

1 Answer from Attorneys
Jonathon Moseley Moseley & Associates Law Firm

If he paid for the charges, then I don't think he will have any problem. It is better not to take the chance, because I do see people charged with credit card fraud including based on misunderstandings. But technically speaking if he paid it back then both (a) no money was taken and (b) this would show no INTENT to take any money because it was paid back BEFORE he was challenged on the question.

Many companies allow employees to have credit cards, make the employee responsible to pay the charges, and then reimburse the employee ONLY for those charges that are legitimate. They allow the employee to use the card for non-business charges, but will only reimburse legitimate expenses. In tihs case especially I don't think he would have trouble.

However, because people can be obnoxious and try to make something out of nothing -- and that happens a lot -- I think you are safer cutting up the card.

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Answered on 7/14/11, 8:19 am


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