"Can someone be tried in Wisconsin for something that allegedly happened in Oregon?"?

Question

My brother was arrested was timecard fraud in January 2007 being a supervisor of a big company. Saying that he allowed his workers to stay clocked in and get paid for it and what not. Anyway he's never had anything on his record in fact he was a cop. Well a reserve for 8 years. He spend 3 years in solitary confinement in Oregon because he was a cop and then they finally extradited him to Wisconsin where they were dismissing everything due to lack of evidence.
Well, he just gets this letter that says the case had not been concluded and they are now saying he defrauded the company more than $30,000 from the company credit card that was issued in his name for employee recognition, company dinners, supplies and things like that. He had permission to use the card and the receipts were signed off from the boss above him. Anyway, the crimes allegedy took place in Oregon; which is where the company is based. The corporate office is in Wisconsin, but my brother was never there. Help! Any info?

He spend 3 weeks in solitary confinement, sorry about that.

Answer 1

A defendant must be tried where the alleged crime alleged took place. That said, it sounds like your brother has a half assed attorney or he would not have spent 3 years in a cell before his trial. Did he abuse civilians when he was a cop? If so maybe it is karma.

Answer 2

In general, you can only be tried where the alleged offense took place. However, there is a catch here. Most credit card agreements have a clause stating the venue of any trials arising, which means that if there is a dispute about the credit card, it must be heard in the court specified in the agreement. Tell him to read the agreement carefully. Many big companies put this type of clause into their contracts in order to ensure that they can fight all their lawsuits in their home state. It is perfectly legal to do so, and your brother consented to it by accepting the card.

Answer 3

For most of your questions, you really ought to be asking your brother's attorney, since Yahoo Answers is a place populated by adults and children who share their opinions, and vote on who they think is right. Your brother's life is more important than the opinion of 12 year olds.

I am sorry to hear that your brother was in prison for 3 years before they dismissed for lack of evidence. However, it sounds like he might have a case for double jeopardy being violated, or use time served if he is ever convicted of anything else.

He should have his attorney subpoena the company for copies of all the paperwork associated with the use of the credit card, and the various expenses that the boss signed off on. Companies are only required to store this data for a short time period, so his defense needs to collect evidence in his behalf before they are allowed to destroy it.

The attorney also should subpoena the company rules on how expenses are supposed to be recorded, and get depositions from co-workers of your brother to verify how the rules were in place, to make sure your brother is not held accountable for rules the company was not following.

Also have the attorney subpoena the credit card company for copies of the bills for the entire period of time your brother had the credit card, and also anything after your brother turned it back into the company. Someone else might be using the card & your brother getting blamed for their usage.

There might also be identity theft going on with the company credit card. You won't know that if you only seek copies of records that your brother knows about.

Answer 4

The trial will be based on the location of occurrence not the location of the homeoffice.
It's a bluff.
Your brother needs a good attorney to challenge it

Answer 5

venue depends on the agency involved. If he is being tried in federal court he can be tried anywhere. If its a State/local court he must be tried in the state where the alleged crime was committed.