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HELP: ACCUSED OF FRAUD AND THEFT

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1 HELP: ACCUSED OF FRAUD AND THEFT on Thu Dec 29, 2011 10:06 pm

andjan


Arresto Menor
Please help me with my case. I have received 2 demand letter from my ex employer stating that I owe 180k ++ from them and the neglect to pay will cause them to file a legal case against me.

What happened was this:

I worked for them for 1 year. Last July, I was suspended from work because of fraud on payroll. I have been an accessory to manipulating overtime records for myself done by my immediate supervisor. My team leader per se, convinced me to permit him credit to my timekeeping legit overtime's since May for the justification that the other call center representatives be able to get their salary disputes right away through my falsified overtime records. Needless to say I allowed this to happen since I had trusted my Team leader that I was doing it for the benefit of the team. Now, payroll was able to see the discrepancies because the overtime's are way too exaggerated that if you count the no. of hours it will even be way beyond the calendar working hours allowed making it impossible to have done such overtime's. Now, I am caught in a bad place wherein I was totally not guilty of getting the money even if it was mediated through my atm. I was giving whatever in exceed of my pay to my team lead because again , those were the overtime's that are for the salary disputes of the agents.

Please let me know if my employer has the chance of really pursuing a theft/fraud case against me given the amount of money they claim that was stolen from them.

What are the possible things that can happen to me so I can prepare and think of what can still be done to avoid a wreck on my name as well

Many thanks,

AndJan

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2 Re: HELP: ACCUSED OF FRAUD AND THEFT on Fri Dec 30, 2011 12:40 pm

attyLLL


moderator
what evidence can the employer present to back the accusation?


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3 Re: HELP: ACCUSED OF FRAUD AND THEFT on Fri Dec 30, 2011 12:50 pm

andjan


Arresto Menor
Hi attyLLL,

thanks for the reply. actually there has been due process. but still the ending was termination. the hearing internally between my employer and I took almost 3months. they have the paper trails of the overtime records that were questionable. I just want to tell them that the commission of the act was really done by my team leader since I also dont have access to making the attendance sheets for our payroll, only my team leader has that so I was made to believe by my supervisor that we were doing good for the salary disputes for the call center agents via putting extra to my salary and give it to them. I am really concerned since they are sending letters to me asking to return the alleged 180k++ stolen from them. they stated on the letter that its fraud case too.
thanks

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4 Re: HELP: ACCUSED OF FRAUD AND THEFT on Fri Dec 30, 2011 1:21 pm

attyLLL


moderator
did you explain how your sup was involved? and do you have proof that you turned over the funds to him?

if they file a criminal case, your defense lies in showing that you do not have access to change the logs.

if it's a civil case, you have to file a third party claim against your sup, but IMO, you are liable to return the money.


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5 Re: HELP: ACCUSED OF FRAUD AND THEFT on Fri Dec 30, 2011 1:33 pm

andjan


Arresto Menor
So if this turns to be a criminal case does that mean i need to bail or something to avoid imprisonment?

The access to those logs are mainly for supervisors, so that I can prove. Actually my sup and I were both terminated. Now, I was actually thinking since I never had anything to do with the money involved then my last resort is to then, put all the blame to my supervisor.

And another question, is this gonna show on nbi records? thanks

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6 Re: HELP: ACCUSED OF FRAUD AND THEFT on Mon Jan 02, 2012 11:40 pm

attyLLL


moderator
i recommend you stop covering for anyone except yourself. if the prosecutor decides a case should be filed against you, you will have to file bail and it will be on your nbi record.


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7 Re: HELP: ACCUSED OF FRAUD AND THEFT on Mon Jan 02, 2012 11:48 pm

andjan


Arresto Menor
Thanks Atty. that was my plan eversince my sup never admitted he was the mastermind of everything and has just let me lose my job. With the amount of money how much bail will be the cost in case?

Regards

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8 Re: HELP: ACCUSED OF FRAUD AND THEFT on Fri Jan 06, 2012 9:48 pm

attyLLL


moderator
it really depends on what you are eventually filed with.

try to get statements from the persons who got the money from the sup.


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