Alex Rosenthal of Rosenthal Law Group recently obtained a Final Summary Judgment for $1.13 million against a former employee of a large manufacturer of luxury yacht tenders for embezzlement of monies from the company. The case stems from the actions of the employee who was responsible for handling payroll for the company. The employee had an annual salary of $50,000.
The employee had administrator access to the company’s payroll service to perform payroll functions. The employee printed reports for her supervisor to review in connection with her services. Those reports were doctored by the employee, who disguised that the payroll actually paid to her was more than reflected in the printed report. The company’s CPA discovered the discrepancies during an audit and calculated that the employee had embezzled $386,463.00 over approximately two years.
Rosenthal Law Group instituted an action for the company against the employee for civil theft. While the case was proceeding, Rosenthal Law Group assisted the company with preparing a detailed report to submit to the local authorities. The employee was arrested and charged with a First-Degree Felony for theft. On July 28, 2023, the employee was convicted of a First-Degree Felony by the Circuit Court for the Nineteenth Judicial Circuit for theft and ordered to pay restitution to the company in the amount of $376,463.00. The employee is currently serving a twenty-one-month sentence.
Rosenthal Law Group filed a Motion for Summary Judgment relying on rarely used authority and Florida Statute §772.14 to bar the employee from arguing against the judgment since her conviction for theft estopped her from disputing the civil theft claim. Because she was ordered to pay restitution, the trial court was bound to triple the damages and enter judgment in the amount of $1.13 million.
Although the employee is bound to pay restitution for the amount stolen, she is now required to satisfy a judgment that is three times the amount stolen, not just the amount of the restitution.
If you are an employer victimized by an employee, contact Rosenthal Law Group to help you navigate your options and remedies.