Other Criminal Charges & Offenses Is there a criminal charge for this..?

J

Jango00

New Member
Jurisdiction
Indiana
To keep it relatively vague, I work in a residential treatment facility for children and youth. I am quitting soon and move on to different work, and a 16yr old that is currently in my secure-unit that is being transferred to our open-unit very soon continues to try to bribe me to buy him a cell phone, which is against our campus policy for residents to have a cell phone(heavily enforced). This specific youth is on probation and spending time at our facility to avoid DOC (real prison). His mother has sent money to another staff a few times in the past to give it to him "under the radar", and he has offered that plus additional money that his mother would send to me (and has agreed to). Stupid. But tempting.

If I accepted her money, bought him a phone, bought service for 1 month via pre paid, what legal concerns are plausible? If any?
 
Jango00 said:
If I accepted her money, bought him a phone, bought service for 1 month via pre paid, what legal concerns are plausible? If any?
Click to expand...

At a minimum you could face prosecution for violating Indiana Code § 35-46-7-3, which requires that any gift, donation, loan, or investment made by a person receiving medical care or treatment to an employee of the care provider must be done in writing and signed by two disinterested persons. In short, you can't do this "under the radar." If you do it and don't get the signed statement describing the transaction and signed off by the two disinterested witnesses you commit a Class A infraction. There might be other criminal penalties that would apply as well; I didn't do an exhaustive search of the law on this. You can ask a local attorney to do that for you (though that will cost you some money in fees).
 
Jango00 said:
If I accepted her money, bought him a phone, bought service for 1 month via pre paid, what legal concerns are plausible? If any?
Click to expand...

What you're describing would not be a crime. If you were caught, you'd likely be fired and have a stain on your employment record for a long time.

Tax Counsel said:
At a minimum you could face prosecution for violating Indiana Code § 35-46-7-3, which requires that any gift, donation, loan, or investment made by a person receiving medical care or treatment to an employee of the care provider must be done in writing and signed by two disinterested persons.
Click to expand...

I disagree. What the OP is describing is not a gift, a donation, a loan or an investment. The OP is describing a transaction by which the OP would provide a service to the patient in exchange for a fee.
 
Jango00 said:
a 16yr old that is currently in my secure-unit that is being transferred to our open-unit very soon continues to try to bribe me to buy him a cell phone, which is against our campus policy for residents to have a cell phone(heavily enforced).
Click to expand...


Bribe, the OP claims the miscreant youth is trying to bribe him.

Is the OP employed by an agency of the gubmint?

I believe bribing a gubmint employee to commit an illicit act just might be a crime.
 
zddoodah said:
What you're describing would not be a crime. If you were caught, you'd likely be fired and have a stain on your employment record for a long time.



I disagree. What the OP is describing is not a gift, a donation, a loan or an investment. The OP is describing a transaction by which the OP would provide a service to the patient in exchange for a fee.
Click to expand...
The "patient" in question was placed in the facility by a court. This is not a normal "patient" in that the patient is "incarcerated" (perhaps not precisely, but effectively) at the facility and likely has specific court-ordered restrictions that other "patients" may not have.
 
Zigner said:
The "patient" in question was placed in the facility by a court. This is not a normal "patient" in that the patient is "incarcerated" (perhaps not precisely, but effectively) at the facility and likely has specific court-ordered restrictions that other "patients" may not have.
Click to expand...

Your point being?
 
Jango00 said:
If I accepted her money, bought him a phone, bought service for 1 month via pre paid, what legal concerns are plausible?
Click to expand...

Why would you even THINK or PONDER if criminal charges could be brought against you?

Report the conversations to your management, ASAP.

You KNOW your employer's policy, adhere to it.

Your employer forbids it, don't consider it.
 
zddoodah said:
Maybe, but it won't be the statute that was previously cited.
Click to expand...
My reply was in response to your statement to the OP that his scenario "... would not be a crime". I was simply pointing out that it might be a crime and that we simply don't have enough information to know if it would be. Your reference to the statute previously cited was made after your categorical statement to the OP and was directed at a different poster.

Thank you for acknowledging your error.
 
Jango00 said:
To keep it relatively vague, I work in a residential treatment facility for children and youth. I am quitting soon and move on to different work, and a 16yr old that is currently in my secure-unit that is being transferred to our open-unit very soon continues to try to bribe me to buy him a cell phone, which is against our campus policy for residents to have a cell phone(heavily enforced). This specific youth is on probation and spending time at our facility to avoid DOC (real prison). His mother has sent money to another staff a few times in the past to give it to him "under the radar", and he has offered that plus additional money that his mother would send to me (and has agreed to). Stupid. But tempting.

If I accepted her money, bought him a phone, bought service for 1 month via pre paid, what legal concerns are plausible? If any?
Click to expand...

Why would you even contemplate it? You know it's wrong. Smh.
 

Share this page

Get a free case review from a lawyer
Back
Top