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Dishonest Employee


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  • Dishonest Employee

    I work at a dental office. So insurance checks come through on a daily basis. It's the end of the month and I'm printing out billing statements to send to the patients.

    On one particular patient, the numbers from the EOB (Explanation of Benefits) and the ledger didn't match. When a claim is processed or denied, the insurance company sends a document, called EOB, that lists the procedure performed, date of service and the amount paid or not paid. I looked through the patients chart and found the EOB but the amount the insurance company had sent was not posted on the ledger.

    So, I called the insurance company trying to figure out what's going on. Ins. Co. told me that they paid and the check was deposited. It sure as hell was not deposited into my doctor's dental office bank account. I requested the insurance company to fax me a copy of the check, front and back, they complied. The signature on the back of that check was that of an employee who got fired after 2 months of employment at the office.

    What I'm not getting is why did her bank allow her to deposit a check that was not paid to her. I know the law differs from jurisdiction to jurisdiction but what are the charges that could be brought onto this idiot former employee?

    My employer's been through quite of bit this past year and he doesn't need this crap. He's taking this personal and he is wicked ****ed. My heart aches for him.

    Mind you, I can't believe this former emloyee was that stupid to sign her own damn name on the back of that check. I'm completely floored and it blows my mind.
    Last edited by toni_tk; 09-30-2005, 09:38 PM. Reason: typo

  • #2
    obtain money by false pretenses, felony here., and yes criminals are that stupid, i had one who stole checks, tried to buy scanners at walmart with the checks, and they asked for his id,, he gave it to them they put it in the computer, then later found out the checks were stolen, well, two hrs later, i had a pic of him and his life history, so yes, they are that dumb, this also solved 7 other burglaries, it wasnt that i was that good, he was just that dumb.


    • #3
      I'd say embezzlement as the check was stolen from her employer. Felony or misdemeanor depending on what state it happened in and how much money was involved. As far as the bank goes, I'd see if you could get the money from them since they obviously are incompetent.
      "Respect for religion must be reestablished. Public debt should be reduced. The arrogance of public officials must be curtailed. Assistance to foreign lands must be stopped or we shall bankrupt ourselves. The people should be forced to work and not depend on government for subsistence." - Cicero, 60 B.C.

      For California police academy notes go to http://groups.yahoo.com/group/CABasicPolice/


      • #4
        This person may have just deposited it into her ATM account. That way you can put in a deposit slip and you have no "personal" contact. So many checks are cleared through the ATM at the end of the day that not all get as much scrutiny. Either way, turn it over to the bank and see if they will fiel charges or have your boss do it. By what you have mentioned it should be a pretty open/shut case


        • #5
          I bet my mortgage money the girl has a problem with gambling. She did brag about winning big money at Atlantic City and that she goes to gamble quite frequently.

          Considered a felony or not...I don't doubt she would attempt to injure my employees. This would turn to a different level if she were to execute such actions. I'm completely floored!


          • #6
            embezzlement sounds right (felony(. who's signature did the ex employee sign? his/her own? or someone else at the office? forgery / false personation (felonies) come to mind. (all CA language).... deposited after separation from employment? - petty / grand theft (depending on the amount..
            ''Life's tough......it's tougher if you're stupid.''
            -- John Wayne


            • #7

              Forgery, Grand Larceny, Criminal Possession of Stolen Property, Falisfying Business Records. etc. I'd call your local PD and present them witch copies of the check and have him/her locked up. Ground ball case.


              • #8
                Originally posted by DH21187
                Forgery, Grand Larceny, Criminal Possession of Stolen Property, Falisfying Business Records. etc. I'd call your local PD and present them witch copies of the check and have him/her locked up. Ground ball case.
                No Forgery if the employee signed their own name to the check.

                In Ohio theft of a "negotiable instrument" is a felony theft regardless of the money value. If the $$ is over $500.00 then felony theft of funds too. I have seen people charge for felony criminal tools for the pen used to sign the check; but I personally think that's overkill.

                I agree about filing a police report and getting it prosecuted. Petition the insurance company for the original cancelled check if they haven't already destroyed it (a lot do very quickly anymore) it's good evidence for LE to have.


                • #9
                  Yes, it is still forgery. You are assuming you need to sign the person's name that was issued the check on the back of the check for it to be forgery, that is not true. Once the written instrument is completed, i.e. signing of any name on the back of the check, it completes the instrument, making it a forgery.

                  In this case the person forged his own name on the back of the check to complete the written instrument in order to deposit it in their account.

                  Imagine your checks are stolen, the person goes to the bank and presents the checks, and signs Daffy Duck on the signature line, and the bank teller cashes them. Are you telling me you wouldn't charge him with Forgery if caught?
                  Last edited by DH21187; 10-02-2005, 01:36 PM.


                  • #10
                    Dishonest Employee

                    Obtaining Money under false pretense, Theft by deception are possible charges under Alabama Law. It will be up to your employer to file charges.


                    • #11
                      Actually, it would be up to the issuer of the check to file the charge as they were the ones who were defrauded.


                      • #12
                        The cops are called. Contacted the Financial Investigation Unit and someone will come to the office to take the report in 5 to 10 business days.


                        • #13
                          Originally posted by GoGo Gadget
                          The Dr who owns the business needs his lawyer to send a nasty gram to the bank letting them kindly know that they will be crediting his account by the amount that was embezzeled. Otherwise the amount it cost them in legal fees to defend their poor banking practices will be much more expensive. That is pretty much how my Dad handled it when his office manager embezzeled $40k or so from his company.

                          And yes, crooks are stupid. They are always shocked and surprised that they get caught, but when you look at how stupid they act, you have to wonder how they did not get caught sooner.
                          Tha's what I keep telling my boss but he wants the detective to handle it. And it's been a weeks since I have last heard from the detective handling my case.

                          If it weren't for the stupid case, I wouldn't have so much work to catch up on. You don't understand how much of a nusiance this has caused.


                          • #14
                            To add to the funny stories. I assisted on a call where a guy had put in an application for employment at a local business office close to my area. When he was leaving the parking lot, he snatched a purse off a woman (strong-armed robbery in TN/felony). There were several witnesses and it was told to us that the guy had just filled out an application. Everything on the application was legit and he was picked up a short time later.
                            I'm 10-8 like a shark in a sea of crime..


                            • #15

                              Sorry..not LE yet, but I have to add to this. It's true! Financial white-collarish crime, when the numbers are not truly significant (tens of thousands, or hundreds of thousands???) & the offender has an otherwise decent (or undetected/unreported) history of this stuff, then it is a low priority in some places.

                              A roommate of mine last year, who I thought I knew pretty well (I was wrong), went on a summer rampage of sorts. She was fired from her job of 7? 8? years for stealing checks and messing w/ financial records (they never contacted the police...just the bank, which also didn't contact LE, but refunded the business their money). She told me she was laid off. With no higher education, she would never find that kind of salary again...her company was very good to her, even though she was selfish and greedy and couldn't appreciate this.

                              While I was at work every day, and later visiting my grandparents in Florida, this *bitch* used my identity to try and open 9 credit cards. She succeeded in opening 4 accounts from Best Buy to MasterCard. She stole two pieces of jewelry, forged a check of mine (that is a long/complicated story...won't bother ya with the details), and needless to say, committed plenty of mail fraud as well by opening/hiding all of my mail for this period...in which I somehow lost my mailbox key and this witch helped me (?!) tear up the apt. looking for it.

                              It was a long & very emotional, stressful, and frustrating time for me. The detective didn't do anything regarding my stolen jewelry, (even though I gave him convincing evidence she probably sold it on Ebay), did not prosecute her for the check (since my bank reimbursed me the $850), did not prosecute her for any of the attempted credit card theft/fraud situations (since they failed to be successful), nor prosecuted her for the 4 accounts/credit card fraud she did open (since I was not liable for any of the nearly $3,000 in purchases). She was not prosecuted for stealing my own credit card number and using it online for purchases (since I wasn't liable for them).

                              I handed this detective EVERYTHING & MORE (including everything I found out on my own regarding her last job...which ended up ALSO including her laptop computer she said was given to her by the company. Nope, it was stolen. They had no idea, and her boss and I fell upon that fact in basic conversation)...I mean, this girl was CRAZY. I actually started to wonder what she planned on doing to go on undetected by me? Kill me??? This was the most frightening thing I'd ever been involved in. The moment of confrontation was interesting, to say the least. I played her pretty well, making sure to get out of my lease w/her (by lying and saying I wouldn't go to the cops if she signed me off the lease....and wrote me an admission of guilt note to have just in case she didn't immediately pay off all the debt she incurred in my name). As soon as I was officially off the lease, I faxed her note to the detective already involved. The only thing he really did for me was wait to confront her until I got out of my lease. I would have legally been able to anyway...but who knows how long that would have taken. Better to just have her legally sign me out of it.

                              Point. Six months of HELL. NUMEROUS crimes in big chunks of money. What did she get? ONE charge of identity fraud and one year of probation. Her defense attorney wouldn't even agree for her to pay me a couple hundred lousy bucks for ALL THE TIME, MONEY and STRESS I put into repairing my credit and rebuilding my life!!!

                              SORRY this was so long, but it's still (obviously) a sore subject for me.

                              -------- Advice to the original poster is this: The bank has to refund your company the money. They falsely accepted her signature. BUT DO NOT RELY on them to go to LE. They are too busy and would rather just write it off. REPORT her to the police. It will at least establish her 'history' with this, so the next time (or 3rd, 4th) time she does it...she may actually have to be punished for it.


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