In a decisive ruling, the Abu Dhabi Family, Civil and Administrative Court has mandated the return of Dh230,000 by a former assistant to an investor, following a conviction of embezzlement. The court also required the assistant to compensate the investor Dh15,000 for damages incurred.
Background of the Case
The case unfolded when the investor initiated a civil lawsuit to recover the embezzled funds, which were substantiated by a final criminal judgment. The investor sought not only the recovery of the misappropriated money but also additional compensation for material and moral damages, totaling Dh50,000. Moreover, a demand was made for the return of various items allegedly in the assistant’s possession, including a vehicle, laptop, and other personal effects.
Details of the Embezzlement
According to the court documents, the investor had instructed his assistant to collect a cheque from a business and deposit it into his account. Contrary to these instructions, the assistant reportedly diverted the funds for personal use. This misconduct led to a criminal case where the assistant was found guilty of embezzlement, resulting in a six-month suspended sentence and an order for deportation.
Legal Findings and Ruling
The court highlighted that the criminal conviction served as irrefutable evidence of the assistant’s illegal actions. This decisive verdict in the criminal court established the assistant’s liability, which the civil court then relied upon to order the repayment of the full embezzled amount.
Compensation for Damages
In addition to the repayment of the embezzled amount, the court acknowledged the broader impacts of the assistant’s actions. It recognized both material and moral damages suffered by the investor, including the inability to utilize the misappropriated funds. Consequently, the court awarded Dh15,000 as compensation for these damages.
Resolution of Property Dispute
The court also addressed the dispute over a vehicle. The assistant was instructed to return the vehicle or, if that was not feasible, to compensate the investor with its assessed value of Dh20,000. This decision was grounded in a signed agreement from July 2019, where the assistant agreed to transfer the vehicle’s registration to the investor upon request.
Dismissal of Additional Claims
While the court ruled favorably on the financial and vehicle-related issues, it dismissed the investor’s claims regarding other items, such as a laptop, apartment key, and safe. The court found these claims lacked sufficient clarity and specificity, undermining their legitimacy in the legal proceedings.
Conclusion of Legal Proceedings
The court’s final order required the assistant to repay the embezzled funds, provide compensation for damages, and return the disputed vehicle or its equivalent value. Additionally, the assistant was ordered to cover court fees, expenses, and Dh200 in legal costs, marking a comprehensive resolution to the case.