Theft from a company.

What options are available to a company when they have strong suspicion that the person in charge of the accounts and bookkeeping has been frauding signatures and cashing cheques.

That person has then left, and taken the accounts with them and all related materials and is refusing to hand them over. or communicate with anyone from the company?

What options are available?


Thanks

Pat Mustard

For a start, a complaint could be made to Gardai about theft of the books of account from the company.

Pat Mustard

Pat Mustard wrote: »

For a start, a complaint could be made to Gardai about theft of the books of account from the company.

I was wondering about that, the problem is I was thinking about employment law, if I send the Gardai around to someone`s house could they have a case that I have made an accusation without proof? I.E the Garda wont be able to enter the property without a summons so they could claim intimidation and constructive dismissal?

I was thinking would the first port be to have a solicitor to send a letter and demand the return of the books or court proceeding would be issued?

Pat Mustard

By all means, consult a solicitor.

The Gardai are much more difficult to ignore than solicitors' letters.

I don't know how a legitimate complaint to Gardai could amount to intimidation/constructive dismissal but by all means ask your solicitor if you want legal advice on a specific point that relates to your company.

coylemj

Deleted User wrote: »

I was wondering about that, the problem is I was thinking about employment law, if I send the Gardai around to someone`s house could they have a case that I have made an accusation without proof? I.E the Garda wont be able to enter the property without a summons so they could claim intimidation and constructive dismissal?

You need to let the Gardai do that thinking. If they accept the information you give them and apply for a warrant (not a summons) to search the house and execute it, the individual will have no comeback on them or you.

Employment law won't apply as it would be a criminal investigation.

BreadnBuddha

[Deleted User] wrote: »

I was wondering about that, the problem is I was thinking about employment law, if I send the Gardai around to someone`s house could they have a case that I have made an accusation without proof? I.E the Garda wont be able to enter the property without a summons so they could claim intimidation and constructive dismissal?

I was thinking would the first port be to have a solicitor to send a letter and demand the return of the books or court proceeding would be issued?

You alert your bank and An Garda Siochana of your suspicions. Ask the bank to prepare copies of the suspect cheques and reference signatures on file. Ask the Gardai to record the report formally and investigate further. You have grounds for suspicion. Allow the bank and Gardai to do what needs to be done. If you're not making a malicious allegation, you should not be afraid of repercussions.

Seek to appoint an inspector to investigate the matter is another option. Little used procedure. Under used really

Deleted User

Deleted User wrote: »

That person has then left, and taken the accounts with them and all related materials and is refusing to hand them over. or communicate with anyone from the company?

Just realized we should all probably stop talking about this. The above paragraph describes the commission of a criminal offense, never mind the other allegations. That alone is a criminal matter and should be referred to the Gardai or the ODCE.

EDIT: Just to be clear I don't mean theft. I mean an offence under the Companies Act

Victor

Deleted User wrote: »

Seek to appoint an inspector to investigate the matter is another option. Little used procedure. Under used really

Under what act?

Mr. Incognito

Ring the cops

Victor

Victor wrote: »

Under what act?

2014 Companies Act. On reflection and given the totality of the circumstances here probably not really appropriate