M1 - Apply the Law Relating to the Commission of Property Offences Employee Theft

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An employee theft is any intentional misappropriation of employer property, including fraud, embezzlement or forgery. It can involve a single low-level employee or a complex scheme involving many trusted senior employees. In order to collect under the crime coverage of an insurance policy, the theft must: Be a proven act of Disloyalty/Defalcation by an employee. Whose intent is to wrongfully deprive the insured of money or property? Directly causing a proven loss. Uncovering a theft loss, exposing and stopping it can be challenging, but even more challenging may be recovering the loss against third parties for example the insurance company. The likelihood of recovery is considerably determined by the steps taken following the discovery. In dealing successfully with any employee theft, there are several basic steps: Conduct an immediate and accurate investigation. File a timely proof of loss with the insurance carrier. Employers who suspect that an employee may be stealing from the company need to proceed cautiously to ensure they don't expose themselves to legal liability. Employers should be on the lookout for potential warning signs of employee theft, investigate these fully, and carefully document all findings before confronting an employee. In the case of R v Sutcliffe, the defendant was convicted of theft after the defendant and others stole a lorry that contained cigarettes averaging around £683,000. The defendant was sentenced to 4 years. Overall in order to be guilty of committing theft you must have acted dishonestly and appropriate property that belongs to someone else as your own with the intention of depriving them of their property. A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there

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