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Can you get jailed for misreporting numbers to pay less for a billing on behalf of a company because your manager told you to do so? Let's say you make up a bunch of numbers to pay 1,500$ instead of 5,000$, and you do it, because the boss specifically told you to do so. Can you get jailed for it?

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  • So the company is defrauding a business partner, the accountant knows it and goes along? – o.m. Apr 20 at 17:27
  • Just because your manager tells you to do something, doesn't mean it's any less illegal to do so, or that you won't be held responsible for your actions in supporting it. – Ron Beyer Apr 20 at 20:08
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Can you get jailed for misreporting numbers to pay less?

Possibly But any prosecution, and sentence, may depend on the level of culpability, provable guilty knowledge and of course any other admissible evidence.

Two offences seem relevant under the Canada Criminal Code:

Fraud

380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) ...

(b) is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction,

where the value of the subject-matter of the offence does not exceed five thousand dollars.

And

Falsification of Books and Documents

397 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to defraud,

(a) destroys, mutilates, alters, falsifies or makes a false entry in a book, paper, writing, valuable security or document, or

(b) omits a material particular from, or alters a material particular in, a book, paper, writing, valuable security or document.

(2) Every person who, with intent to defraud their creditors, is privy to the commission of an offence under subsection (1) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) an offence punishable on summary conviction.

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  • Can you say more about the within a company and orders from management part? Would it be helpful to write to the boss "this looks like a contract violation to me, but I presume you checked it with a lawyer?" – o.m. Apr 20 at 18:35
  • @caesar om's comment is for you. – Rock Ape Apr 20 at 22:06
  • Actually it was for you. Following obviously illegal orders is no excuse. Following orders whose legality is too complicated to sort out might be, in some jurisdictions. An employee who is not a lawyer should be able to trust the legal department of the company ... – o.m. Apr 21 at 4:52
  • Ok, it may take me some time to research Canadian prosecutorial procedures. BRB. – Rock Ape Apr 21 at 6:36

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