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I'm in big BIG trouble.........Souldrifter

  Author:  30747  Category:(General Advice) Created:(8/24/2003 7:09:00 AM)
This post has been Viewed (649 times)

To make a long, complicated story short....I could be going to jail or something. I'm not sure what will happen to me.

The thing is I've been working for this small, privately owned company for a year and a half now. I'm responsible for the finances. I write the checks etc. This company is owned by a young man but is actually run by his father. They both work in the business. When I first started working there I was pretty naive' about the legalities of business. I could do the book keeping but I didn't care much about the business aspects. As time went on the more I learned the more nervous and frustrated I got.

This company makes a decent amount of money yet they are always in the red. They are always behind and in fact, haven't paid taxes since the 2nd quarter of last year. Why? Because there is never any money to do so. Why? Because when ever I get any money in, both these guys hit up the account for personal spending. They both get a VERY good pay check yet I estimate they have combined hit the account for around $30,000 so far this year for things that are not business related. How is this my fault? Because 99% of the time I write the check for them. They call me up and say "I need this for that" ect. Sometimes they go in on Saturdays and do it themselves.

Some examples of the checks I've done...Both of their mortgage payments, both of their wives car payments, their wives montly car insurances, repairs to their wives cars, their wives registrations, their home cable bills, their home electric bills, landscapping of their homes, carpet for their homes, mediacal and dental deductables bills for their children, college registration and other fees for one child, a graduation party (with band), restaurant and bar tabs not business related, and even flowers seveal times for any occasion for the wives. That isn't even the times they say "I need an extra $300 in my pay this week" or the $1,000 check one of them made out to himself with no explanation at all.

Now I'm not only behind in accounts payable but I'm over drawn at the bank. Why? Because boss man didn't tell me about a couple of checks he just took without telling me that totaled $1,000. But that's not the worst of it. I had the IRS in my office last week. I requested the meeting because I know we are behind on the taxes and I want to make arrangements to straighten it all out. Without saying anything (cuz I know better) we discussed personal spending of employers out of the business account and it's worse then I imagined. It's fraud. They are not claiming this as personal income...which is certainly is. I don't know what the penalty is but if they even suspect anything they are going to want to do an audit and that is not good for any of us.

I was talking to a friend I can trust who works with my boss. He's an old friend of his and well aware of whats been going on long before I even got there. This company has gone bankrupt twice before I came along. My friend is concerned that I could be held responsible as an accessory to all this. I'm scared to death. I can't play innocent because I've known this was wrong but not THAT wrong. I've even told both of them to please stop it but it only gets worse when I do that. Then they can't understand why I'm behind on the taxes ect.

I have a sick feeling that something bad is going to happen. I've requested a meeting with both of them tomorrow to tell them that unless things change, I'm out of there and I know they don't want that. They depend on me too much to let me go. Yet, I still can't help feeling nothing is going to change. It's hard for me to just quit because I need the money right now. And I'm also afraid that if I don't keep them happy this way, they will find a way to make me the scape goat. Alot of the checks were in my name as a "convinience" so that I could cash the checks for them. Neither one of them have a personal bank account and I even cash their paychecks for them every week. I'm so screwed. I'm sick about all of it.

What do I do now?

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Replies:      
Date: 8/24/2003 7:27:00 AM  ( From Author ) From Authorid: 30747    That you author only. That is sound advice.  
Date: 8/24/2003 7:34:00 AM  From Authorid: 15228    I read this a little while ago and couldn't think of a thing to say..After giving it some thought all I could come up with is that you should get yourself an attorney and get advice there.  
Date: 8/24/2003 7:42:00 AM  From Authorid: 22852    Oh boy, I was thinking "oh don't worry about it" until I got to the part where you said some of the checks are in your name.. Oh I think Kelly is right, you need to seek legal advice on this. I hate to say it but your bosses knew what they were doing when they had you put the checks in your name. I do not understand how they do not have their own checking account. That boggles my mind. I will say many prayers for you on this one. Joan  
Date: 8/24/2003 7:46:00 AM  From Authorid: 28848    well it sort of seems to me that you have already been made out to be the scape goat. They put the checks in your name to make it look like you were getting the money and not them. This sounds like a big mess, I hope you make it through this okay.  
Date: 8/24/2003 7:50:00 AM  From Authorid: 28363    Oh dear, this sounds very much like a problem a friend of mine got into recently, it's good thing you have the records, they may try to pin the mishandling on you. Best wishes  
Date: 8/24/2003 7:57:00 AM  ( From Author ) From Authorid: 30747    Thanks Kelly. That's what I think I'm going to do.  
Date: 8/24/2003 8:01:00 AM  ( From Author ) From Authorid: 30747    Thanks Joan. They guys are losers. The company has been bankrupt twice because of this very thing. I've been trying to play savior with this company for a long time. The finances are my responsibilities and I didn't want to fail but I guess I'm too weak to say no. They don't have bank accounts because of past IRS trouble AND niether one of them have the slightest concept of financial responsibility.  
Date: 8/24/2003 8:02:00 AM  ( From Author ) From Authorid: 30747    Thanks Release me. I hope I get it worked out too. What might save me is reputation. There are reputable people out there who know how these two are. I'm sure they will vouch for me if need be. But it is still such a big mess.  
Date: 8/24/2003 8:03:00 AM  ( From Author ) From Authorid: 30747    Thanks Donno. I'm hoping my meeting with them tomorrow will shake them up. I CAN and WILL implicated them to the IRS if they don't stop. No matter what the cost is to me, I can't allow this go go on.  
Date: 8/24/2003 8:08:00 AM  From Authorid: 13969    First of all, I believe you need a good lawyer. I must say that whatever they do with the money is not your fault, and as long as you cooperate with the IRS and higher up authorities you should have nothing to worry about. It sounds like they are the ones going to be getting in trouble. I really do reccomend you talk to a lawyer. Another thing, regardless of whether or not the little ultimatum you gave them works, you should start hunting for another job.  
Date: 8/24/2003 8:15:00 AM  From Authorid: 57404    Wow, I say forget them. Quit.. get out while you can. I wouldn't stick around, they are using you and if given the chance I am sure they will pin it on you if they can. When I lived in Florida, I knew this nightclub owner he did the same kind of thing. He went to jail because of fraud. The person who was his accountant basically got a slap on the wrist because he was only following orders since he was an employee of this man. I hope it works out for you, but the longer you stay there, the worse it might get. IRS is already involved, let someone else come in and handle it. God Bless  
Date: 8/24/2003 8:27:00 AM  ( From Author ) From Authorid: 30747    Your right SandGhost. It is time for another job. I'm hoping my husband gets this really good job he had an interview for last week and then I can just quit working for a while. I need that soooo bad.lol Keep your fingers crossed.  
Date: 8/24/2003 8:30:00 AM  ( From Author ) From Authorid: 30747    Author 57404 I must apologize that I can only read the Wolf part of your name. lol My eyes must be getting REAL bad. Thank you for your comment and you made me feel better with your story. Thank you.  
Date: 8/24/2003 8:30:00 AM  From Authorid: 13969    Don't worry, SD, things always have a way of working themselves out.  
Date: 8/24/2003 8:33:00 AM  From Authorid: 15677    I would seek legal advice as everyone else has said I would also resign.Ya already know which way they would treat you..why stick around for more.Get out while you can. Goodluck to you.
  
Date: 8/24/2003 8:38:00 AM  From Authorid: 44321    Get yourself a consult with a lawyer,these guys seem to want to make you the fall guy.  
Date: 8/24/2003 8:40:00 AM  From Authorid: 59418    i don't know - i agree with kelly though - get some legal advice! I wish you the best, i'll keep you in my prayers! keep us updated! *hugs*  
Date: 8/24/2003 8:42:00 AM  ( From Author ) From Authorid: 30747    Thank you Appirition. You're right. That's what I should do. Thanks  
Date: 8/24/2003 8:43:00 AM  ( From Author ) From Authorid: 30747    You're right Medusa, they seem to. It's no wonder they couldn't keep a secretary for long before me. Other then what they are doing with the finances, I like the job and I'm good at it. I have an excellent reputation in the business. But that's no reason to hang around, I know. Thanks  
Date: 8/24/2003 8:44:00 AM  ( From Author ) From Authorid: 30747    Thanks Metal Princess, I could use all the prayers I can get. lol  
Date: 8/24/2003 8:59:00 AM  From Authorid: 53013    It looks like they put you in a sticky situation. Just as everyone else said get yourself an attorney. During your consultation be very honest about the whole thing, don't hide anything. I know you said you need the money the job creates, but I would quit. Working there may only get you into more trouble. Good luck to you!  
Date: 8/24/2003 10:04:00 AM  From Authorid: 943    You were the employee.....they will have to answer for themselves, not you. You just be honest, the proper authorities will know, it happens all the time. You should be OK.  
Date: 8/24/2003 10:09:00 AM  From Authorid: 58078    Well I was going to say that you are in the clear all the time I was reading it because, it is their business and you were only doing your job and what you were told, that they are reliable, but when I read at the bottom that the checks are in YOUR name, I'm not so sure about this now. I wouldn't contact a lawyer and see what your rights could be. Being the already went bankrupt twice it looks like they put your name on the checkbook for a specific reason. Contact a lawyer today...they have free consoltations. Good luck hun...I'm a bookkeeper myself, so I know how you feel. If you EVER need to talk, I'm here.  
Date: 8/24/2003 10:12:00 AM  From Authorid: 58078    I do think though however after reading some other replies that, even though you did write the checks out, its clearly obvious what most of them were going to, like the mortgage etc. That is all on them. Now if you wrote out any checks for Cash where your name is on it, then it could look like you stole. I still would seek an attorneys advice, but I think you have enough evidence to cover your butt, expecially since they already have 2 strikes against them...trust me the IRS has been watching them way before you came along.  
Date: 8/24/2003 10:13:00 AM  From Authorid: 58078    Oh ya and start looking for a new job right away and get the heck out of their ASAP.  
Date: 8/24/2003 10:28:00 AM  ( From Author ) From Authorid: 30747    Thanks for the well wishes Gentle Breeze.  
Date: 8/24/2003 10:29:00 AM  ( From Author ) From Authorid: 30747    I hope your right Poison Ivy. I'll know better next time not to get involved. Thanks  
Date: 8/24/2003 10:31:00 AM  ( From Author ) From Authorid: 30747    Thank IP. It's not easy being us huh? *smiles* I guess I was kind of naive' about it all. They've always been so nice to me and appreciative of all I do. lol Believe me if it comes down to me or them...they are gonna lose. I have all the reciepts. *smiles*  
Date: 8/24/2003 11:16:00 AM  From Authorid: 47296    Souldrifter, while you may indeed be responsible for accounts payable and issueing checks, the owners are responsible for the taxes. You made the right move by going to the IRS and letting them know that things were not right. If these guys have filed bankruptcy twice before, then it sounds like they have figured out how to keep their personal assets up at the expense of the business. My suggestion is to fully cooperate with the IRS, and ask them stright out if you can any way be held repsonsible. If they say yes, then hire a lawyer. Odds are though, that because of your willingness to cooperate, you will not be held accountable for their skimming, and schemeing.  
Date: 8/24/2003 12:00:00 PM  ( From Author ) From Authorid: 30747    Thank you Two Spirits. I hope your right that the IRS will go easy on me. This has been a terrible strain and it's starting to effect every aspect of my life. I want out.  
Date: 8/24/2003 12:45:00 PM  From Authorid: 53052    well, you need to tell them(it seems they are just using the business for personal gain) if they don't agree to stop it and get things in order ASAP leave... just get up and walk... thelonger you are in the harder it will be to save you rbutt legally... you have waited around a fair while and you can't do your job if they are tossing you stones to hide.... legally if you quit because of this it looks better for you... because your not continueing the game  
Date: 8/24/2003 12:48:00 PM  From Authorid: 53052    having the same issues before and going bankrupt both times before should look VERY VERY bad for them  
Date: 8/24/2003 1:46:00 PM  From Authorid: 38601    wow, I wish I knew what to tell you, but I have no idea...i really hope things work out well for you and those guys you work for get in big trouble. *HUGS*  
Date: 8/24/2003 2:17:00 PM  From Authorid: 27046    Are you considered the controller?  
Date: 8/24/2003 2:20:00 PM  From Authorid: 27046    I believe that you have LOTS of loopholes here to fall through that doesn't make your responsible for these things. If your official title is the controller then you are responsible for covering all IRS and tax laws, including payroll, petty cash etc. If you are simply a bookkeeper they should not be able to hold you responsible for any of the mishaps, and in other words...you "lie" (which you really aren't) through your teeth that you are doing WHAT your bosses have told you to do and it is their company. If they haven't required you to be licensed or hold a degree in accounting for the purposes of being the controller, or haven't sent you to classes, it's all on them. My sister is the controller of $3 million a year company and she is completely responsible for all of that stuff.  
Date: 8/24/2003 5:29:00 PM  From Authorid: 23075    You need to find a lawyer...especially since some of those cheques were in your name.....  
Date: 8/24/2003 5:50:00 PM  From Authorid: 36704    Sounds to me like they set you up for this so that when the time comes they could blame it on you. If you wrote the checks out for their car payments and stuff to the people who hold the loans you'd be ok on those. If you're cashing checks in your name and getting cash and giving it to them, you've got a problem. They can say you were stealing from the company and they had no idea. Get a lawyer and get out of there.  
Date: 8/26/2003 8:54:00 AM  From Authorid: 57404    Soul.. thats okay I had to aquint to see it. LOL
It's CherokeeWolf. hehe :-)
  
Date: 8/26/2003 2:35:00 PM  From Authorid: 52489    Hi Souldrifter! I talked to you about this once before, so I hope you acted ony my advice then. If not, here it is again: make hard copies of everything on file, especially your work on balancing the budget and their checks! I also asked you to make all communications in writing and keep your stuff in a separate file. Did you do that? Also, now that the IRS is involved, you can make a separate deal with them *if you need to*. If these guys are swiping money from the bank account and embezzling, bank records will show it! Make sure you're covered--make copies of everything you can. From here on out, you have to look out for #1, because you could easily be the scapegoat! I told you once before, and I'll say it again, these guys are doomed! But you can still save yourself! Do it!  

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