This offence is viewed very seriously by the courts and it is essential you receive expert legal advice, it can make the difference between serving a prison sentence or not.
Unfortunately in these types of case, the starting point is normally because t the defendant is in a position of trust. If the theft has caused the company financial difficulties or has had a negative effect on other employees, then this increases the possibility and potential length of a prison sentence. We at my brief will try to try to prevent this, but the best way of dealing with a theft from employer case is, where possible, to fight it.
When an employer accuses an employee for theft, the effect on the employee’s life can be disastrous. Just an accusation can obviously result in the loss of the employee’s job, but also mean that the employee has to suffer a long criminal investigation and court case. On top of this, the possibility of a custodial sentence means that the life of a person accused can be made almost unbearable until court proceedings are over. We recognise that you need support at this time and we help provide a personalised service for you.
Most people accused of stealing from their employers do not have previous convictions, and have more than just their liberty to lose if convicted. They often stand to lose their reputation.
How the law changed in 2006
Charges of obtaining money or goods illegally as an employee are often brought under the Fraud Act 2006. Part of the reason for the introduction of this law was to close gaps in the law caused by new types of theft involving technology which did not exist when the previous fraud offences were introduced. Theft offences are often prosecuted under the Theft Act 1968.
To show theft, and to make out most fraud offences the prosecution must show that the defendant has been dishonest. In cases where the defendant thought that he or she had a right to the property he or she was taking, a prosecution will usually fail.
What we will do
To determine whether theft can be shown, the whole systems of the company involved need to be analysed. Any training manuals need to be requested from the employer, and any information relating to that company’s procedures and common practices must be given to the defence by the prosecution. Where this does not happen, an application should be made to the court for the judge to order the prosecution and police to comply.
Records of all transactions have to be requested, both ones which the prosecution say are illegal, and also ones which are apparently innocent. Where necessary, the trail of all money and/or goods has to be tracked. This may need the assistance of a forensic accountant. This is an accountant who has expertise in dealing specifically in criminal cases.