If a company tells you to commit billing fraud, what might be the consequences for doing so? Let's say you committed billing fraud, because the company told you to do so. Do you have to pay the amount the company saved, or is the liability something the company has to pay?
- What might be the consequences..?
(The hypothetical) "you" appears to have commit the offence of fraud, contrary to section 380 of the Criminal Code of Canada:
(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) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(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.
- Do you have to pay the amount the company saved, or is the liability something the company has to pay?
That depends on the circumstances such as: did "you" benefit in anyway from "your" alleged criminal behaviour, and what action the police and/or victim(s) deem appropriate. Note that:
In Canada, the fraud victim has four avenues that would aid in the recovery of the stolen funds:
(1) the pursuit of civil remedies;
(2) the pursuit of criminal remedies;
(3) the pursuit of both the civil and criminal remedies in parallel; and
(4) a request for support from the United States. [This does not appear relevant, but included for completeness]
The suitability of the remedies depends on the time and resources available to the victim. Source