Questions & Answers
Embezzlement case: possible penalties and safe way to defend it
Dear respected lawyers,
A friend of mine, one of the accountants employed in a Company, has admitted to his Company of taking more than 300,000 AED over the past years by adjusting his net salary in the payroll file.
The amount of adjustment is reflected in a hidden row in the payroll file. The payroll files he prepared were still approved by HR and accounting supervisors...etc. because they did not do a detailed review of individual payroll credits.
The Company has now decided to do an investigation excluding him and came up with other amounts they claim he had also taken, but which he has refused.
He is currently trying to negotiate with the Company to give him a chance to pay back the amount which is a valid claim while the Company is still considering whether to file a case in court or not.
If the Company decides to file a case, what is the probable penalty he may face? Length of jail time and fines? While the Company is still considering, what can he do to avoid having the case filed in court?
Dear Questioner,
With reference to your inquiry,
Kindly be informed that the shortest way to finalize that issue is via paying the embezzled amounts back. That's the one and only option.
For the jail time and the fine, allow us to tell you that your question is incorrect since there are no specific criteria. The court has a wide power as per the judge's sole discretion.
Moreover, a criminal trial (which will definitely end with an imprisonment sentence "and most probably a fine" in addition to deportation) doesn't mean that the issue is over, as the company can still get a travel ban issued against the employee, and in the meantime, file a civil case so as to get the full amount reimbursed (plus the benefit and the courts fees, expenses & advocacy fees).
Anyhow, we can definitely assist you in that matter for good.
For reasons of confidentiality, please contact us on (+971 505050 835) or (elkhatib.legal@outlook.com) in order to proceed further with all the necessary steps to be taken.
Kind regards.
