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Corporate fraud may lead to legal troubles

On Behalf of | Jan 24, 2022 | Business Law

People may have preconceived ideas about what constitutes fraud. Fraud typically involves using deception to procure an ill-gotten gain, and more entities commit fraud than people realize. Sometimes, a corporation or a small business could stress fraudulent practices to generate revenue. Businesses engaged in fraud behave unethically and illegally, and suspected parties may face prosecution in a Washington courtroom.

Instances of corporate fraud

Corporate fraud could take many forms, and false valuation ranks as a standard scheme some may perform. Claiming a business is worth more than it is based on false accounting showing higher profits and fewer expenses than what exists could raise a company’s sales price, defrauding buyers. False valuations and accounting documents might also play a central role in procuring loans or insurance policies.

Companies might find themselves heavily in debt but hide the debt from investors. Management could feel they can turn a bad situation around, and no one will notice. Such behaviors may get the executives in trouble.

Accusations of corporate fraud

Persons accused of corporate fraud could range from high-level executives to those who are low on the business ladder. Accusations and even indictments do not mean a person is guilty of any fraud-related crimes. The prosecutor must prove the defendant is guilty. With fraud cases, a prosecutor typically must show there was knowing intent to commit or attempt to commit fraud. Mistakes and lack of intent could undermine any fraud charges, although civil actions are possible.

Law enforcement cannot violate constitutional rights when investigating someone for fraud. When necessary, they must procure warrants to acquire specific evidence. Failing to take these steps could make prosecuting a fraud case difficult at best.