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Two wrongs don't make a right in the eyes of the law I'm afraid. That said, there's been plenty of cases where the punishment for a crime was lessened due to the circumstances, like assault in self-defense. Dunno if that applies to theft vs wage theft though.

That said, it's not a crime if you don't get caught. This too goes both ways.

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If I were on a jury, I'd acquit. I have been on a grand jury and did choose several times not to indict someone that didn't do anything wrong. Juries are the final check on government power and jurists ought to exercise that power appropriately.

There's a ~90% chance it won't even go to trial.

> Two wrongs don't make a right in the eyes of the law I'm afraid

Of course it doesn't. But you'd still think that the one theft couldn't be reprimanded by a court while the other was handwaved at the same time. What would be interesting wouldn't be if someone could get away with that (they couldn't, and shouldn't) but whether the fact that the matter was taken to court - presumably by the employer who was also guilty of a provable crime - led to any consequences for the employer.

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