State v. Mr. H (DMC No. 16445) – Felony Embezzlement/Fraudulent Schemes ($34,000), and Felony Theft – Not Charged – Local Hotel Firm and Private Law Firm Investigated

Mr. H had been a Chief Operations Officer (COO) for another company for about ten years. He was approached by a local hotel company to become their Chief Financial Officer. When he was hired, he was promised a salary of $100,000, that would be elevated to $130,000 after 90 days. While he was working there, the owner allowed him to use the American Express Credit Card for various charges that “he thought best”, and that this would be an exchange for holding off on the $30,000 salary increase. Because of this permission, Mr. H would work late hours and order meals, drinks, cigarettes, etcetera on this credit card.  When he finished his first year, he was ultimately terminated by the company, and the owner refused to honor their original salary Agreement, and also Alleged that $34,000 in Improper Credit Card Charges were produced. The owner then had a Private Law Firm reach out to Mr. H, and that is when Mr. H secured the services of DM Cantor.

We contacted the Attorney for the hotel company, and went through the entire history of Mr. H’s employment. We presented email correspondence which showed that he should have been paid $130,000 on an annual basis. We also produced all the credit card statements, which correspond to late night charges all related to acting as the CFO for the hotel chain. We ultimately drafted a Civil Settlement Agreement, in which both sides agreed to walk away from any litigation. Ultimately, the local hotel chain decided to Not Pursue any Criminal Charges, and they also did Not Seek a Civil Lawsuit (even though they never finalized our Settlement Agreement). If Mr. H had been Charged and Convicted of Fraudulent Schemes and Theft, he could not only done Time in Prison, he would have never received another job as a Chief Financial Officer. Instead, he has a Clean Record and has No Criminal Conviction or Charges.