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Ask the Expert

Questions submitted by visitors regarding internal theft.  Have a question?  Click here.

All questions have been summarized.  All answers are strictly the opinion of the writer and is not intended as legal advice or as a statement of any company policy.

What questions do I ask when accusing someone of theft. This is the most asked question I receive.  There is no magic list of questions and interviews therefore should be conducted by trained individuals.  Read more.
What is theft? Theft is defined by criminal statue in your state however a company policy can be very broad to state something a minimal as "any act causing a loss to the company."  That would include data, confidential information or other intangible items.
Is padding an expense report theft? In a strict sense, yes.  You received money based on false information.  How your company handles it is up to them.  It would be a prosecutable offense however.
Someone in our office is using a personal credit card to buy airline tickets to get travel miles.  Is this wrong? I'm going to assume that your company has a specific method to book flights such as through a travel agency.  I'll also assume that the miles are "banked" within your company and cannot be used personally.  The question I would have is how is this person getting reimbursed for the flights?  They are circumventing the established procedure for personal benefit so they could be subject to disciplinary action.
I borrowed money from the office petty cash and haven't paid it back yet.  I'm afraid I'll get caught. The deed has been done.  One way or another you will need to return the money.  I'd recommend talking to the person who supervises the fund and explain what happened.
How much money does it take to take an employee to court for theft? Those services are provided through law enforcement and the courts at no charge.  The cost to you can only be measured by the cost of your company's labor to pursue the case.
When can I prosecute an employee? The short answer:  anytime.  This is a matter between you, the police, and the County Prosecutor.  Read more.
How long do companies have to file charges? There is a statute of limitations for theft in every state.  In general it is usually 2 years from the date of the discovery.
Can you sue an employee for theft? Taking a civil action against a former employee can be done.  You will need to find an attorney to assist you.  Most states have a civil statute called Civil Restitution.  This allows a company to sue the thief under some fairly restrictive amounts.  Those amounts vary from state to state.  It is usually meant for retailers but can be any type of business.
Does my company have to notify me if we have cameras in our work area? I'm going to assume the camera is hidden and that it is for a legitimate investigative reason.  The short answer is no.
Can my purse be searched without my permission? This is a tough question but no, your purse cannot be searched without your permission.  The flip side to this has to do with your company policy.  What is  your company's policy about refusing to allow search?  Are there signs posted stating you are subject to search?  There are many factors involved in this question.  If your refusal is simply to express your disapproval of the policy and you have nothing to hide, I would suggest finding another less confrontive way to express your disapproval.
Is embezzlement always prosecutable? That decision resides with the County Prosecutor.  Law enforcement conducts the investigation and then presents their findings to the Prosecutor.  The case may have to go to a Grand Jury to test the merits of the case as well.  All embezzlement cases can be brought to the attention of law enforcement for a formal complaint.  How it goes from there is dependant on the quality of the investigation and the evidence.
Is a person fired for theft still eligible for their bonus? That is a question I cannot answer.  It is solely the decision of the company.
How can I set up an employee who I think is stealing? This sounds like trouble from the beginning.  Investigations, if improperly conducted, can result in false arrest and litigation.  Having said that, surveillance (CCTV is best) will catch the individual eventually during the normal course of business.  This is not the best answer to this question as the writer did not provide enough details.  Integrity shops are "old school" but they are, in essence, "setting up" the employee.
I witnessed an employee steal narcotics from the pharmacy.  What do I do? I am assuming you do not feel comfortable talking to the pharmacist.  It is unclear whether the "employee" works in the pharmacy.  If you work in an independent pharmacy you can try talking to the owner.  If you are in a retail chain talk to your District Manager or Loss Prevention.  Ultimately you can contact the local police Narcotics Division or the DEA.  Your identity can remain anonymous.
What is adequate security for an apartment? Apartment communities are "target rich" environments for criminal activity.  Tenants fall easy prey for car burglaries when they leave personal items such as GPS or laptops in their cars.  Burglaries are generally daytime crimes.  Crimes such as robbery are more frequent at night.  With all that said, adequacy depends on the level of crime the property is experiencing.  As crimes occur management should be considering appropriate preventative measures.  Security is defined by a wide array of actions, programs, physical security, and visible security personnel.  No one action is THE security program. 

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LPT Security Consulting © 2010
pat.murphy@lptoday.com     713.899.2402
Houston, Texas
Included content is not intended as legal advice and is based on a
reasonable degree of professional certainty.

LP Today is licensed by the Texas Department of Public Safety under Security Consultant License  DD01728 and Private Investigations License A 15227