The 3 Steps You Should Take If You are Charged with Employee Fraud

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Employee fraud is considered to be one of the most common property offenses in the United States and Canada, and it takes a wide variety of forms, from inflating performance records to earn a bonus to filing false timesheets.

Employers who believe their employees have committed an act of fraud have two options: they can try to settle the matter internally, or they can contact the police and have formal charges laid. If the second route is taken, and you have been accused of employee fraud, you could be facing anywhere from two to more than 10 years in jail. 

If you want to protect your reputation and your career, it is important to know your legal rights and understand what steps should be taken if you are charged with this crime. 

1. Don’t Admit Guilt 

Being charged with a crime like fraud can be a frightening experience: it is often intended to be a frightening experience. It is in the interests of your employer and the legal system to settle the case quickly, and an admission of guilt will make the process much more straightforward for the prosecution. 

Even if you feel you have done something wrong — like submitting a false timesheet, or inaccurate travel expenses — that doesn’t necessarily mean you will be found guilty of fraud. Fraud and theft are related but distinct charges, and in order to be guilty of fraud, there must be proof that you were acting deceptively or dishonestly. 

Exploring your options with a criminal lawyer before you decide how to plead is essential if you want to protect your rights and avoid facing harsh penalties. 

2. Don’t Be Pressured to Waive Your Right to an Attorney

Workplace fraud takes many forms, and in some cases fraud charges will be laid regarding a relatively minor alleged infraction. Your employer or the law enforcement officer placing charges may tell you it isn’t worth getting in touch with an attorney. 

You are under no obligation to follow this advice, and if such advice is being given, it is an even bigger sign that you should have an attorney in your corner. No matter how minor the charges, getting professional legal counsel is the only way to truly ensure that the right legal procedures are followed and the prosecution doesn’t cut any corners. 

3. Contact a Criminal Lawyer Who Understands Employee Fraud

Fraud is a complex area of criminal law, and depending on where you live, there are several different ways it can be broken down. In Ontario, for example, a distinction is made between:

• Fraud Under $5,000
• Fraud Over $5,000

But the severity of fraud charges also depends on whom the alleged fraud has been perpetrated against, and making sure you have a criminal defense lawyer like Jeff Reisman Law who has proven experience defending cases like yours is the best way to make sure you’ll get the best possible representation. 

Even if you accept the charges against you, a good criminal lawyer can help reduce the penalties you face or keep you from ending up with a criminal record. 

According to some estimates, the average organization loses as much as 5% of its annual revenue to fraud. This means that companies and not-for-profits are increasingly vigilant about the problem of employee fraud, and are sometimes aggressive about laying charges on alleged offenders. 

This puts the onus on employees to be equally protective of their own rights, and to know what steps to take if they are charged with an offense. Not admitting guilt before talking to a lawyer, getting legal representation, and finding an attorney who understands how to fight the charges are the best line of defense against a wrongful conviction. 

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