Possible Legal problems..

[Reagan 0]

I am in the USA now. I doubt anyone can answer this, but I thought I might try here.

I have been informed by the police that my former employer in Ontario filed a "fraud" investigation on me. No charges have been laid..yet...not sure if they will, but if there is a police investigation I have no idea what happens now. The company is accusing me of misapropriation of funds, I have paid back every single penny they say I owe them. I'm not sure why they would still contact the police??

I am not sure who to ask as I have contacted a lawyer in Canada and they don't know the answer yet. If a charge is laid, would they come to find me in the USA to lay the charge? Call me in? What could happen? Lets say ...God I hope nothing happens, but what if I have to go to court, I am found guilty, a charge is laid with maybe jail term or probation, I receive lets say at best "probation". Would they make me stay in Canada? I have nothing there now, no where to live, no job..nothing. Would I have to hire a US laywer?? Would I be allowed back to the USA as this is my home now? I don't even know who to ask anymore. Nothing has happened yet, but i'm just so worried about all of what could potentially happen.

Anyone even guess as to what could happen?

Thanks

[Anh map 2,098]

Your question has little to do with immigration. Your best info would likely come from an experienced criminal attorney.

[Operator 1,927]

Your question has little to do with immigration. Your best info would likely come from an experienced criminal attorney.

While I agree that it is time for the OP to lawyer up, I also think there is a reasonable immigration question here. (Yes I'm cautiously disagreeing with you however very respectfully). I think the question is if the OP has to return to Canada to face criminal charges and is sentenced (already an admission of guilt in my opinion by paying back monies owed) what would that do to the immigration benefits?

[rlogan 2,036]

The company is accusing me of misapropriation of funds, I have paid back every single penny they say I owe them. I'm not sure why they would still contact the police??

Because if a Bank Robber returns the cash after he is caught, it does not change the fact he robbed the bank in the first place. Can you imagine a society in which theft is just fine so long as you return the money after you are caught?

If you return money before you were caught by the victim or police, in our State at least, that matters. It is very situation-specific. If you return it right away, that is different from allowing the victim to suffer a prolonged period before you finally fess up. You have still harmed them. Try to put yourself in the position of people who have had something stolen. They have all that anxiety from the theft, they have all the resources tied up in trying to find out who stole it and why - suspicion can be cast upon completely innocent people, and even if they are merely questioned they will feel their employer does not trust them. There are all kinds of direct and indirect harm caused by theft, even when the money is returned after the perpetrator has been caught.

That is why prosecution is still not only possible, but the right thing to do.

[Anh map 2,098]

While I agree that it is time for the OP to lawyer up, I also think there is a reasonable immigration question here. (Yes I'm cautiously disagreeing with you however very respectfully). I think the question is if the OP has to return to Canada to face criminal charges and is sentenced (already an admission of guilt in my opinion by paying back monies owed) what would that do to the immigration benefits?

Oh yeah, definitely an immigration component dependent upon the OP's current status in the US. But a much more pressing legal question/concern.

[Reagan 0]

Oh yeah, definitely an immigration component dependent upon the OP's current status in the US. But a much more pressing legal question/concern.

I was contacted by my previous employer (not police) stating that I had to pay back what was owed to them..I didn't even argue anything, I never even looked at what they supposedly had on me, I never said I was innocent, I never said I was guilty. I paid back whatever they wanted on the grounds i was close to getting my CR1 and I didn't want to have a "charge" on my record. It was a gamble on my part. They never said they were laying charges and they never charged me, so I was afraid and against my lawyers recommendations I paid whatever they wanted because I was scared more of a "charge" on my record and not ever being able to come to the USA whether I was innocent or guilty..do you see what I'm saying?

So now last week I got a call by the police saying that my former employer filed a "fraud" charge and they said.."we see you paid restitution to them and there is still a small balance owing", "how are you taking care of that"..I told the police I would fully cooperate and pay what ever they wanted, and I will..but NOW I don't know what will happen, will they continue to lay a charge, or drop it?? I have no idea...

So I sit here scared everyday wondering what will happen, will they charge me? Will they not? What if the do? Do I have to go back to Canada? Do I fight it here? Do they deport me..so many million worries going through my head right now..

[rlogan 2,036]

So now last week I got a call by the police saying that my former employer filed a "fraud" charge and they said.."we see you paid restitution to them and there is still a small balance owing", "how are you taking care of that"..I told the police I would fully cooperate and pay what ever they wanted, and I will..but NOW I don't know what will happen, will they continue to lay a charge, or drop it?? I have no idea...

The police are an investigatory body. It is the District Attorney, or whatever you call them in Canada, that makes the decision whether to prosecute. The police do not charge you, but instead they bring the results of the investigation to the district attorney. If the employer will not cooperate in the prosecution by the District Attorney, it will be extremely difficult if not impossible to convict you. So they won't even charge you unless they think they can get a plea deal out of you and do not need the employer's cooperation in court.

That is why when people harm someone, they often settle out of court for a monetary compensation, in order to make the victim happy enough to tell the law they are not going to testify in court. To do that, you go to the employer. You ask them what it will take to make them satisfied, and you do it. I was once the target of an attempted murder. They filed the charges after he tried to shoot me, and he was in jail. The first lawyer I went to said to take his house - take the deed as compensation and then tell the District Attorney I was not going to testify against him. I knew the guy had already settled out of court on other assaults. I wanted him in jail, so I did not do what the lawyer suggested. How is a house going to help me when I am dead?

When they say "filed a fraud charge" it is extremely important to distinguish between the employer filing a complaint with the police vs. the District Attorney filing a fraud charge in court. I gather it is a complaint made to the police. I'd be going to the employer and kissing their butt to get this settled. It may just be the residual amount owed that they want. You know them because they were your employer. Maybe there is something else you can do to make it right.

[VanessaTony 3,567]

I was contacted by my previous employer (not police) stating that I had to pay back what was owed to them..I didn't even argue anything, I never even looked at what they supposedly had on me, I never said I was innocent, I never said I was guilty. I paid back whatever they wanted on the grounds i was close to getting my CR1 and I didn't want to have a "charge" on my record. It was a gamble on my part. They never said they were laying charges and they never charged me, so I was afraid and against my lawyers recommendations I paid whatever they wanted because I was scared more of a "charge" on my record and not ever being able to come to the USA whether I was innocent or guilty..do you see what I'm saying?

So now last week I got a call by the police saying that my former employer filed a "fraud" charge and they said.."we see you paid restitution to them and there is still a small balance owing", "how are you taking care of that"..I told the police I would fully cooperate and pay what ever they wanted, and I will..but NOW I don't know what will happen, will they continue to lay a charge, or drop it?? I have no idea...

So I sit here scared everyday wondering what will happen, will they charge me? Will they not? What if the do? Do I have to go back to Canada? Do I fight it here? Do they deport me..so many million worries going through my head right now..

By paying it you have admitted your guilt. An innocent person wouldn't have paid anything and would have fought it.

Immigration wise, criminal history CAN have a bearing on immigration status. Let's say they lock you up for a bit, it could be long enough to abandon status. Lets say they don't, crimes involving moral situations (as this does) can be grounds for deportation. You just added this account so I can't see whether you have a 2 year or 10 year card. If you look at the paperwork for ROC (I-751 http://www.uscis.gov/files/form/i-751.pdf ) and even for naturalisation (N-400 http://www.uscis.gov/files/form/n-400.pdf) you can see that there are questions about criminal history. Because is still matters.

I seriously suggest you 1. Speak to a criminal lawyer (not that it appears to matter because you ignored your lawyers advice once already) and also have a consultation with an immigration attorney and ask them how such a charge will affect your status.

[JimVaPhuong 4,863]

I agree with Vanessa. Your lawyer was right. You effectively admitted you were guilty when you agreed to pay them.

Unfortunately, embezzlement is a crime of moral turpitude under US immigration law. If you are convicted then you become inadmissible to the United States. If you're in the US then you could be deported. If you're outside the US then you could be refused admission. If you have a green card then your green card could be revoked. If you decide to try to remain in the US to avoid prosecution, and if Canada formally requests your extradition, then the US will cooperate. The US has an extradition treaty with Canada.

I suggest you hire a very good criminal attorney in Canada and fight the charges. If you aren't convicted then it won't affect your immigration status at all.

[Tim/Mav 305]

I agree with Vanessa. Your lawyer was right. You effectively admitted you were guilty when you agreed to pay them.

Unfortunately, embezzlement is a crime of moral turpitude under US immigration law. If you are convicted then you become inadmissible to the United States. If you're in the US then you could be deported. If you're outside the US then you could be refused admission. If you have a green card then your green card could be revoked. If you decide to try to remain in the US to avoid prosecution, and if Canada formally requests your extradition, then the US will cooperate. The US has an extradition treaty with Canada.

I suggest you hire a very good criminal attorney in Canada and fight the charges. If you aren't convicted then it won't affect your immigration status at all.

Best Answer though not a pleasing one to the OP. It does fall under Moral Turpitude if Convicted.

[Leatherneck 693]

You said this.

So now last week I got a call by the police saying that my former employer filed a "fraud" charge and they said..

Then you said this.

So I sit here scared everyday wondering what will happen, will they charge me? Will they not? What if the do?

I don't even profess to know how the legal system works in Canada, but if the former employer "filed" the fraud charges, then your question is answered. Now it would be up to the D.A. to prosecute the case if there is sufficient evidence provided to them by the employer to support the allegation. Unless the employer has a change of heart and decides not to pursue the matter, then the D.A. has no case. No victim - no complaint...no case.

So I sit here scared everyday wondering what will happen,

That is not a good idea nor a wise defense to "sit here scared everyday." You need to get out in front and grab that bull by the horns and handle it. If you can talk to anyone in management that is reasonable and that will be willing to work with you, you need to be doing that...that is what you should have done and came to an agreement to squash any utterance of fraud before you pulled out your check book. You have no leverage now. I do not mean to scare you any more than you are now, but if they called the police and filed a report after you paid them back, do you think maybe they are a just a little upset at you?

You need to be personally burning up the phone lines to that company or have your lawyer doing it, you have much more to lose than any amount money you will pay a lawyer to deal with this.

The best defense is a good offense!

Do I have to go back to Canada? Do I fight it here?

Your problem is in Canada, so your fight is in Canada. But by all means do what you can do now, from where ever you are...and do it now! You do not want this to get out of any control you might still have at this point. It is best to try to negotiate this away at the employer level, the best negotiation you can get from a D.A. is to plead guilty to a lessor charge if it gets that serious. Even though it has been reported to the police, the employer can drop this matter at anytime...at least it works here in the US of A like that. Give it a shot or have an attorney do the talking for you.

You have two issues to be concerned with (crimanl and immigration), but if you can take care of the criminal matter then the immigration issue will die a silent death. Whatever you do, don't "sit scared everyday wondering."

Good luck

[bigdog 376]

I am in the USA now. I doubt anyone can answer this, but I thought I might try here.

I have been informed by the police that my former employer in Ontario filed a "fraud" investigation on me. No charges have been laid..yet...not sure if they will, but if there is a police investigation I have no idea what happens now. The company is accusing me of misapropriation of funds, I have paid back every single penny they say I owe them. I'm not sure why they would still contact the police??

I am not sure who to ask as I have contacted a lawyer in Canada and they don't know the answer yet. If a charge is laid, would they come to find me in the USA to lay the charge? Call me in? What could happen? Lets say ...God I hope nothing happens, but what if I have to go to court, I am found guilty, a charge is laid with maybe jail term or probation, I receive lets say at best "probation". Would they make me stay in Canada? I have nothing there now, no where to live, no job..nothing. Would I have to hire a US laywer?? Would I be allowed back to the USA as this is my home now? I don't even know who to ask anymore. Nothing has happened yet, but i'm just so worried about all of what could potentially happen.

Anyone even guess as to what could happen?

Thanks

You need a great criminal attorney, immigration is the least of your problems right now.

[hikergirl 277]

The police are an investigatory body. It is the District Attorney, or whatever you call them in Canada, that makes the decision whether to prosecute. The police do not charge you, but instead they bring the results of the investigation to the district attorney. If the employer will not cooperate in the prosecution by the District Attorney, it will be extremely difficult if not impossible to convict you. So they won't even charge you unless they think they can get a plea deal out of you and do not need the employer's cooperation in court.

In Canada, the Police investigate the possible crime and lay charges. Our legal system is different than the US.

http://www.ppsc-sppc.gc.ca/eng/fps-sfp/fpd/ch11.html#footnote2

However, I agree with everyone that is saying to get a good lawyer and try and get this sorted out.

[Boiler 45,946]

Too late now, but the best deal would be to have agreed to pay them back on the condition they did not press charges.

[rlogan 2,036]

In Canada, the Police investigate the possible crime and lay charges. Our legal system is different than the US.

Thanks!