Financial Crime Investigations In The Workplace

Succeeding in business almost always involves stepping on people and taking a lenient approach toward the truth; no one ever said that capitalism was pretty.  Despite this, there are times when lying in a business context is against the law.  Most of the time, taking the sleaze of sleazy businessmen a little bit too far will only get you civil penalties, but if your actions fit the definition of a financial crime such as fraud, tax evasion, insider trading, embezzlement, or money laundering, you could face criminal charges.  In criminal cases, the standard of evidence for a conviction is guilty beyond a reasonable doubt, and the jury must reach a unanimous verdict before declaring you guilty.  Therefore, investigations into misconduct in the workplace are more common than criminal cases arising from business activities, but the former can sometimes lead to the latter.  If your workplace is under investigation for financial misconduct and you want to protect yourself from getting criminal charges, contact a Tampa white collar crime lawyer.

It Isn’t an Unauthorized Transaction Unless the Prosecution Can Prove That Your Employer Did Not Authorize It

You can face charges for theft or embezzlement if you withdraw money from your company’s accounts without your employer’s permission or make transactions that your employer did not authorize.  In cases like these, it is a valid defense to argue that your employer authorized you to transfer the money, or even to cast doubt on the prosecution’s claims that your employer did not authorize it.

It Isn’t a False Statement Unless the Prosecution Can Prove That You Knew It Wasn’t True

Charges of fraud apply if a customer or investor gave you money based on false statements that you made for the purpose of persuading him or her to pay.  Charges of money laundering apply if you make false statements in your recording to fool investigators into thinking that illegally obtained money, such as payment you received for the sale of illegal drugs, was legitimate business revenues.  Likewise, you can be charged with tax evasion if you knowingly make false statements on your tax returns to make your income appear lower or your business expenses appear higher.  You cannot be convicted unless that prosecution can prove that the statements were false and that you knew that they were false.

Civil Investigations Do Not Always Lead to Criminal Charges, but They Can

Employees have the right to report misconduct at their workplaces to regulators, and this can lead to an investigation.  During the investigation, lawyers might ask you to give a deposition, during which you answer questions under oath; it is like providing witness testimony, except that it does not happen during a trial, and no judge is present.  Lying during a deposition is a crime, so if you cannot answer a question truthfully without putting yourself at risk of getting criminal charges, plead the Fifth Amendment.

Contact Tampa Criminal Defense Attorney Bryant Scriven

A criminal defense lawyer can help you if you are facing criminal charges after an investigation at your place of employment.  Contact Scriven Law in Tampa, Florida to schedule a consultation.

Source:

inc.com/ken-sterling/how-to-ethically-handle-legal-gray-areas-in-your-business/91034884