Embezzlement & Theft Cases – Does The Defendant Have to Pay the Costs of the Internal Investigation?

The answer to this question is NO. In theft cases under Ohio R.C. 2913.02, victims are entitled the actual economic loss but not the expenses incurred for the investigation. Financial sanctions in Ohio are governed by Ohio R.C. 2929.18. Restitution by the offender to the victim of the crime is limited to the victim’s “economic loss”. This is defined in Ohio R.C. 2929.01(L) as:

“any economic detriment suffered by a victim as a direct and proximate result of the commission of an offense.”

However, there is a 2013 Ohio Supreme Court case that prohibits victims from recovering their investigation expenses. State v. Lalain, 136 Ohio St.3d 248 (2013).