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Can an employer file an embezzlement case two years after the money was returned?

Hello,

Can an employer file an embezzlement case after the money has been returned and over two years of working with him since the incident?

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KHE Legal Consultancy
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23 Jan 2025, 10:57

Hello,

While the employer can potentially file a case after 2 years, it will depend on the specific circumstances (such as when the crime was discovered and the severity of the embezzlement).

The statute of limitations is generally 3 years, so if it has passed, the case might no longer be valid.

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Dar Al Haqooq Legal Consultancy
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23 Jan 2025, 10:59

Dear Client,

Thank you for your question! I hope you are doing well. I am here to assist you with this matter.

Yes, an employer can file an embezzlement case even after 2 years and return the money, as embezzlement is a criminal offense under UAE law.

Returning the money does not erase the crime, as it involves a breach of trust. The statute of limitations for such cases is typically longer than 2 years.

Employers can file both criminal and civil cases, so consulting with us is advisable to understand the implications.

Thanks,

ABDUL WAHIED

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Sara Alsaedi Advocates and Legal Consultants
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23 Jan 2025, 11:17

Greetings of the day,

Yes, an employer can file an embezzlement case after a significant amount of time has passed since the alleged incident, including after the money has been returned and even if you continued working with them.

Best regards,

Sara Al Saedi Advocates & Legal Consultants

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London Center for Legal Consultancy Office
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23 Jan 2025, 11:19

Under UAE law, an employer can file an embezzlement case even after a long period, as long as the crime has not expired under the statute of limitations.

However, if the money has been fully refunded, it may impact the evaluation of the case. You can contact us via WhatsApp for further legal details, as we specialize in these cases.

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Hend Humaid Alnuaimi Advocates & Legal Consultants
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23 Jan 2025, 11:30

While it is technically possible for an employer to file an embezzlement case even after returning money two years later, several factors will influence whether such a case would be viable or successful:

- The statute of limitations must still be valid.

- There must be sufficient evidence indicating intent.

The context surrounding both the return of funds and subsequent employment will play a critical role in any legal proceedings.

Given these considerations, it is advisable for employers facing such situations to consult with legal professionals who specialize in employment law and criminal law before proceeding with any actions.

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Al Fahad Legal Consulting
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23 Jan 2025, 11:31

Good afternoon.

In response to your query regarding the possibility of an employer filing an embezzlement case after two years and following the return of the money, I would like to provide the following information:

- Criminal Nature of the Case:

Embezzlement is considered a serious criminal offense in the UAE, and an employer has the right to file a case with the police or the public prosecution, regardless of the time that has passed since the incident, as long as it falls within the statute of limitations.

- Statute of Limitations:

For embezzlement cases, the statute of limitations in the UAE is generally up to 15 years, depending on the severity of the crime.

This means that even if the incident occurred two years ago, the employer may still file the case if the limitation period has not expired.

- Return of Funds:

Since the money has been returned, this could potentially work in your favor when assessing the situation. However, the employer may still choose to file a case if they believe an offense occurred.

- Resolution and Evidence:

If there are no further complaints from the employer and sufficient time has passed, they may not choose to proceed with the case.

However, it is important to be aware that the employer may still decide to proceed, provided they have the necessary evidence.

Considering the complexity of this matter, I highly recommend consulting with a criminal lawyer to evaluate the potential risks and determine the best course of action in your specific case.

Please feel free to reach out if you require further clarification or assistance. I’m happy to guide you through the next steps.

Best regards,

Mohammed Salah

Legal Consultant

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Mohamed Bakheet Advocates & Legal Consultants
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23 Jan 2025, 15:41

The employer can file an embezzlement case even after two years, provided that the crime is within the statute of limitations.

Returning the amount may reduce the penalty but does not prevent the employer from filing a complaint.

If you need assistance in drafting a legal response or preparing your defense, contact us by phone or WhatsApp.

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