New member needing information from the pro's

[Robertw]

Hello and thanks for this site.

I am a small business owner. In 2008 I discovered that my key employee had stolen $225,000 of non serial numbered supplies from our warehouse and sold them on Ebay, paid through Paypal and deposited in his personal accounts. We have all these records.

Additionally he gave our accounting officer credit card numbers which were not authorized by the actual card holder (I say stolen) and used this tactic to cover up thefts from our warehouse that were not fully discovered for 3-4 months due to the system of checks and balances the credit card company put us through.

Lastly my employee with his accomplice knowledge created fake accounts in our systems under the guise of a Department of Defense organization (AAFES) and forged a real US Air force Purchase Order, put in a different contact name and address of his "partner" in Texas that resulted in $165,000 of goods that would now be considered stolen from my company. We have communication between both parties describing my employee action, in his email "forging documents and Purchase orders" for this large, last "sale". His accomplice in Texas does not deny receiving the goods on the forged purchase order. We have all shipping and signature information for this.

My question: I have contacted my employees current employer with this information. The FBI and now local prosecuting attorney have and continued to look into this case over the past 2-years. There is a case # and there is also a civil suit in place with numerous documents recorded with the state, county and city where the theft occurred. This includes an actual phone call confession by my employee which is also on record.

His attorney is now threatening me with defamation of character. While I understand they have the burden of proof that my employee didn't steal from me, should I be worried in anyway?

We have undeniable proof of the theft. The FBI brought the case to the state prosecuting attorney but it fell below their threshold of $500K. The local prosecuting attorney claims the county doesn't have the fund to prosecute as the majority of sales were out of state (Washington) and no funds are available at this time to prosecute this type of crime.

I am frustrated and looking for a different level of assistance.

Thank you

[Citicop]

I think the advice you seek would best come from an attorney in your state.

But having said that, my understanding is that the truth is an absolute defense to a suit for libel or slander.

-Citicop.

[mcsap]

I question the statute of limitations as well.

CAN charges be flied now ? Civil or criminal ?

If not , I see their case as a little stronger but you need the services of a good civil law attorney.

[manahmanah]

I would not worry about the whole "defamation of character" crap, it's just a scare tactic I believe to get you to back off. As was said before the truth is the best defense and if you're telling the truth about everything (or him) I would not sweat it.

[Robertw]

I just have say thanks to each of your comments and directions. I don't feel I have any problems but since 08 the courts and police have not been on my side.

[Sgt. Slaughter]

You're incorrect. The crime has been thoroughly investigated and referred to prosecutors. That means the police/investigators and/or courts are not the issue. Your holdup seems to be finding someone who will criminally prosecute the guy which they seem reticent to do for whatever reasons.

Get your own attorney and start a civil process to sue him.