Running your own company is a massive responsibility. You have staff depending on you for their livelihoods, and clients expecting work to be done. As a boss, it pays to have an assistant you can trust and depend on. One woman thought she had found that in a recently appointed employee. So she felt at ease going out of town for a conference recently.
Little did she know that a massive party was being thrown with company funds while she was away. But what shocked the boss most, was finding out her assistant had held the expensive “farewell” for herself. Despite not resigning, or even planning to leave. The assistant was fired on the spot, but her boss is now wondering if she made a mistake by letting her go.
Managing staff isn’t always easy, and can come with all sorts of surprises
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One boss couldn’t believe it when her trusted assistant used $2,000 of the company’s money to throw a fake farewell
Image credits: rawpixel.com (not the actual photo)
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Misappropriation of funds is a criminal offense and can have serious consequences
According to the Helfend Law Group, “Misappropriation of funds refers to the illegal use of another person’s money. While the person committing the offense was given lawful access to the money, it is the use for their own purposes or another unauthorized use that makes it a crime.”
Some could argue that the assistant got off lightly for using company money for her “fake farewell”. If Lily’s boss were to lay criminal charges, and she was found guilty, she could face imprisonment, fines, probation, and would have to deal with having a permanent criminal record.
The law firm notes that misappropriation of funds is similar to embezzlement “in which a person who is entrusted with another person’s money or property steals it for their own personal use.” And adds that in some cases, a person could be charged with both crimes.
There are certain things you’d need to prove to be found “not guilty” of misappropriation of funds
If you ever find yourself charged with misappropriation of funds, it’s probably best to hire a lawyer. But the Helfend Group says your legal team would need to prove a few things to get you off the hook.
For example, if there’s evidence that there was a “lack of intent” on your part. Meaning you didn’t intend to steal or misappropriate the funds. Or maybe you have proof that your company gave you consent to keep the money or use it for personal reasons.
You also might win your case if you can prove that you were wrongfully accused, coerced, were the victim of mistaken identity, or were forced to commit the crime through threats or violence.
There are some other scenarios where the charges could be dropped. One is if the evidence against you is inadmissible in court. For example, it was obtained illegally. Or if there isn’t enough evidence to prove beyond a reasonable doubt that you misappropriated the funds.