Is personal use of company credit card considered fraud?

Business 4 views 3 answers
a friend has worked for a small mom & pop business for 5 years where she was made an authorized user on company credit cards, there is no policy regarding the use of the credit cards. She used the cards for personal use in excess of $10,000.00. She has been terminated and now her employer says he is filing fraud charges on her. She is not employed and is unable to pay for the charges. Is this considered fraud? What will happen to her?

Attorney Answers

3
Pamela KoslynBusiness AttorneyLos Angeles, CA ·
It's criminal, and it's embezzlement, because she was an authorized user of the credit cards, but clearly she wasn't allowed to use them for her own personal expenses. She needs a criminal defense lawyer immediately. Disclaimer: I'm only licensed in CA. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Ronald Pichlik ·
This is a crime. It is called embezzlement, and based on the dollar amount it is a felony.
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Cynthia Henley ·
She has committed the felony offense of theft from her employer. Being an authorized user on the company credit cards did not allow her to use the cards for whatever purpose she wanted. The State will most likely accept charges. If she cannot pay restitution, there is a good chance they will offer prison time. She needs to get a job immediately & start saving for restitution. If she has the ability to make restitution, it makes it far more likely that she will get a probation offer.
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