Fraud/Theft?

Fraud/Theft?

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A recruitment agency pays one of its temporary workers for a few day's assignment.
The temporary worker claims not to have received the cheque so a replacement is issued. It then transpires both cheques have been cashed and the temporary worker claims to only have received one. It is established however that the second cheque has been cashed at "Cash Generator Ltd." and proof is provided that the temporary worker assigned the cheque to them.

My question is, would this be classed as fraud or theft or obtaining funds by deception if the temporary worker refuses to repay the money?

If so, could anyone point me in the direction of some guidance on this matter?

Many thanks.
JD Fortune

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David Winch
By David Winch
12th Jan 2007 16:38

Don't get technical

I agree, don't get technical, just make it clear what you mean.

In fact it sounds as if this is a case of "obtaining a money transfer by deception" contrary to section 15A Theft Act 1968, as inserted by Theft (Amendment) Act 1996. Do you care about this detail? Does he?

As it happens this section will be repealed on Monday (15 January) when the Fraud Act 2006 comes into force - but the repeal will not affect crimes committed already.

David

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By neiltonks
12th Jan 2007 15:47

Crime
Why worry about what specific offence has been committed? If it can be proved that the worker cashed both cheques, it's clear that the person's actions are unlawful. The matter should be reported to the police, who will decide what action needs to be taken.

Neil.

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By User deleted
12th Jan 2007 21:57

Wouldn't waste your time ...
...or the client's money sending the letter there will not be enough evidence to get any sort of action taken by the police.

All the person has to do is deny it was them and that will be the end of the matter. Even with CCTV pics (if Cash Generator gave them up without a DP fight) they are unlikely to take any action. Trust me I know these things.

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By AnonymousUser
13th Jan 2007 13:07

Ask your local police....
they will give you an idea if it the sort of crime that they will take on. From persoanl experience of employee theft, the police weren't interested, and that was when an employee stole somewhere in the region of £5K - I suppose it depends on the police force and their available resources.
My local police are a bit like supermodels these days - ie "they won't get out of bed for less than £50K"!!

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By AnonymousUser
13th Jan 2007 16:22

Stop Payment?
Can't you put some sort of stop payment on one of the cheques (presumably the one cashed at a bank)?

The threat that their credit will be ruined could possibly cough up the dough.

Check with a company that deals in collections of accounts. They may be able to recoup your funds (less their fees) for you.

You should also easily win in small claims court. The judgement can then be entered into their credit history. It may cost you more to sue that the amount they absconded with; they may never pay you even with a judgement against them; but you can't let anyone get away with this sort of dishonesty.

I would notify the person that you will be taking all legal steps necessary to regain your funds, and that doing so may destroy their credit records.

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David Winch
By David Winch
13th Jan 2007 20:33

(In)action by the police

You might be interested in this thread re police
Tax question re:Theft.

In practice if you have all the evidence to make this an "open and shut" case the police might be persuaded to interview the alleged thief. If (s)he admits theft at interview then they might prosecute her or give her an official caution.

However if she says it was an honest mistake on her part that will almost certainly be the end of the matter.

To prosecute successfully the police would have to prove beyond reasonable doubt not only that she did it but that she knew she was ripping you off. Difficult!

David
www.accountingevidence.com

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