Accused of stealing 100k over 7 years

[Si1977]

I work as a catering manager providing a service for a big company in their head office, we count the money and give it to them to bank. They recently state they had a deficit of 100k over the last 7 years and although they have been writing it off annually it has been more in the last 12 months so investigated. Myself and my team are responsible for counting the money in the first instance and passing it to them. We have nothing to balance it against so would not know if it is up or down. We and them have been lax in regards to the key security and in fairness I accept some responsibility or that however a whole host of people in the building could potentially "steal" from the machine or my office where we hold it until giving it to their finance team to bank. I have a perfectly clean record, a brilliant relationship with my client and am well thought off. They have indicated at this time I will be accused of theft as I had most opportunity. My concerns are I have been a gambler for a number of years and felt in control but really wasn't, I had loads of wins all the time and banked lots of cash but really I wasn't winning ad ended up gambling on credit cards etc, up to the point a few months back where I sought help and have now stopped gambling and am trying very hard to repay the debts I have incurred because of this. They will see this money as stolen where it was legit gambling money, on the horses, from bookies and mostly at racecourses-trouble is I cannot prove all of that as you don't get receipts at race courses. Can someOne advise me on what I can do? What they can accuse me of etc and what they do to prove it? I'm so worried my health is affected

[bert_h]

You can't be convicted of anything unless there is "proof beyond reasonable doubt". Suspicion, alleged motive, circumstantial evidence etcetera just won't cut it.

However ... your real danger is a civil suit for recovery of the missing cash, which can be judged against you merely on the balance of probabilities.

In short, better get a lawyer, quick.

[Si1977]

Won't they view the money going in my bank as "evidence"???

[bert_h]

Well, that would be up to the jury. You (or your lawyer) will explain how the money got there legitimately, possibly with some evidence but not necessarily. Your company's lawyer will then have to lead some evidence to the contrary; merely calling you a liar, or pooh-poohing your evidence, won't cut it. But you need a lawyer, or you'll get shafted.

[grasscarp]

"although they have been writing it off annually" really!

[Davethedog]

1) If they have written it off without investigation, you cannot be held to account for 6 of the years.

2) If you have nothing to balance it against, what are they balancing against?

3) If the money was not accounted for, there "accounting" ssystem is at fault.

If theres no balance they cannot launch a crimnal investigation as they cannot prove anything is missing.

[andy-hughes]

From the circumstances you have outlined, i would suggest that your company would be very foolish to chargeyou with theft.

They have no solid evidence - and simply having an opportunity does not automatically make you guilty in law.

Your employers have to prove that you are gulty beyond reasomable doubt, and the burden of that proof rests with them.

As advised, get a lawyer, and enquire about counter-suing for defamation of character - that legal shot across their bos may make them think things through more than they appear to have done thus far.

[Baldric]

Give us the name of the company and we'll speak to them on your behalf, tell them what a nice person you are, how kind you are to owls, how you look after your gran etc, you'll be well sorted by the time we've finished.

[Si1977]

So you think it will go to court as a criminal case rather than civil? I don't have much proof, I have some betting receipts of big wins but not many, I was pretty much a professional gambler, I used my wages to pay all my bills thru my bank but have always had a "stash" of gambling cash and used that and when I won I deposited it but always kept a "float", only the online gambling did for me and ran up my debts. If I had stolen that much money I wouldn't be maxed out on my credit cards, my job is reasonable in terms of salary, out joint income is nearly 70k and we have a good life, will any of this help??

[Si1977]

They informed me( I work as a contractor for them) they had a deficit, they said it happened every year but they had been writing it off however the last year was higher so they investigates it. I count the money and give it to them and they recount it and bank it, it is their money and they have the means to check that the amount tallys to what should be in the machine but have NEVER done this, now they have gone back and checked the figures the reckon only me or my staff have the opportunity to steal it, I have not mentioned my personal circumstances yet as I am worried they will see it as a motive.

[bert_h]

For goodness' sake, GET A LAWYER. No matter how much detail you post here on Answerbank, none of our replies will stand up in court.

[pdust]

why is there a whole host of people who could steal something from your office? dont you have any security measures?

[FredPuli43]

You're more likely to be charged with what lawyers call 'false accounting'. On that , the prosecution don't even have to prove a loss to anybody, in theory (for example if a man keeps false records because he wants to keep his job and would be sacked if the employer knew, there may be no, or no provable, loss), though in practice they generally can prove a deficit, be it in money or goods, of some sort, which was being concealed by false entries, however the loss was occasioned.

But they still have to prove that you, personally, were party to deliberately entering figures which were, in fact, false and were being dishonest in doing it. Someone who acts in good faith on what appears to him to be correct, whether it is or not, is not committing any offence; he's not setting out to deceive anyone in what he does, whether the records are wrong or not.

You need your own lawyer to advise you. This is going to come down to evidence, on both sides as to what exactly can and cannot be proved.

[Mosaic]

You aren't accused of anything until you are accused of it, verbally and then in writing.
How you dispose of your own income is nobody's business. Gambling is legal in the UK and you have nothing to justify.
Clearly a person or group of people higher up the money chain have been skimming and are looking for a scapegoat.
See a lawyer as others have advised.