VIC Will I be Charged with Theft?

[Sarah Connor]

Hi,

I was interviewed prior to Christmas in regards to a theft that occurred some time ago in my old workplace. It involves rental bonds being refunded and deposited into a bank account in my name. I do not know how these refunds occurred or what happened in order for the funds to end up in my account.

The issue is, the funds were deposited into my account over a short period of time. At the time, I had a payout from a divorce, as well as money returned that I lent to a friend go into my account around the same time. Hence, I didn't notice the extra funds from the rental bonds being deposited into my account.

I haven't been charged yet, but my question is, should I offer to refund/return the funds to my old workplace? Or will that make me look guilty? Or do I offer to recover and return the funds, as I never took them in the first place?

There was another woman at our workplace at a similar time, who was accused of appropriating over $80,000 worth of bond money and I wonder if it was her that did this to me? I've told the police all this, however I am concerned I may still be charged, even though I never took the money or did anything wrong in the first place?

The issue is, the money did end up in my account and I haven't offered to pay it back yet as I'm scared at what my result?

I work in Real Estate and this could affect my future and employment if I am charged.

Your help is appreciated.

 

[Sophea]

If the money doesn't belong to you - end of the day you have to pay it back. If there is no way to dispute that the funds have gone into your account and they don't belong to you I don't think not paying it back will make you look any better.

 

[Sarah Connor]

If the money doesn't belong to you - end of the day you have to pay it back. If there is no way to dispute that the funds have gone into your account and they don't belong to you I don't think not paying it back will make you look any better.

Thanks Sophea, are you in the legal profession? I appreciate your thoughts.

 

[Sophea]

Yes I am but my practice area is not criminal matters.

 

[Sarah Connor]

Yes I am but my practice area is not criminal matters.

Thanks Sophea

 

[Jermy]

I am not a lawyer, but several points will come up.

How did the funds get deposited into your account? Funds should go the person who paid the rental bond (bank account) so why was your account number was used?

You mention that there was other staff - who did something wrong, what was that staff's position in the company? Was that staff an accountant responsible for payearoll? How did that person know your banking details?

These are some question that need to be answered in order to prove that you had nothing to do with it. Also was it EFT? Or cash deposits? If EFT, then there are restrictions on the EFT, who can authorise, who can manage to transfer the funds. But if it is a cash deposit, then you can defend yourself, as someone may be able to deposit funds in other account by knowing basic ID info, such as name, date of birth etc...

Good luck.

 

[Sarah Connor]

Thanks

I am not a lawyer, but several points will come up, how did the funds get deposited into your account? funds should go the person who paid the rental bond (bank account) so why was your account number was used? you mention that there was other staff who did something wrong, what was that staff's position in the company? was that staff an accountant responsible for payearoll? how did that person know your banking details? these are some question that need to be answered in order to prove that you had nothing to do with it. Also was it EFT? or cash deposits? if EFT, then there are restrictions on the EFT, who can authorise, who can manage to transfer the funds. But if it is a cash deposit, then you can defend yourself, as someone may be able to deposit funds in other account by knowing basic ID info, such as name, date of birth etc.....
Good luck.

 

[Iamthelaw]

You should / should've returned the funds immediately upon noticing the error as you, by your own admission, have no legal claim to the funds.

Given that you have already been formally interviewed, I would recommend speaking with a solicitor as to what you're next move should be.

 

[Sarah Connor]

Thanks for your help. Will do.