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Corporate Fraud, sometimes known as business fraud, occurs when any employee or representative of a company, business, agency or organization attempts or does commit theft against that entity for personal gain. In addition the employee or agent must attempt to hide or conceal the theft in order for it to be fraud, rather than just a theft. Typically this includes altering documents, falsifying reports and otherwise misrepresenting information to the company along with actually stealing something of value, which may include other items besides just money. Corporate fraud could include stealing time or labor from the company if documents are falsified to support the crime.
Corporate fraud charges are typically filed when the value of the theft and concealment of the theft is significant. It is hard to determine how many employees are just let go without any fraud charges being pressed, however many businesses are now actively seeking both criminal and civil cases when this type of activity is discovered.
Possible Penalties
Typically a court jury and Chief Judge will look at all the evidence provided and also at the prior history of the individual that is charged. Often these cases are difficult to prove in some aspects, especially if there are gray areas about what is allowable as a business expense and what was to be carried by the individual, or what was considered company time and what was possibly provided as time in lieu of wages or other factors. Working with a criminal defense attorney familiar with corporate fraud cases is important in getting the best and most effective defense to these types of charges.
Should You Hire An Attorney For Corporate Fraud?
Since there are heavy fines and possible jail time, plus the possibility of civil suits, it is essential to work with an experienced criminal defense attorney as soon as you are aware of the charges. Corporate fraud charges and allegations can impact your ability to find work, so getting these charges dismissed if at all possible is critical.
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | $2000-$5 billion | 6-18 months | 6-36 months | |
| Alaska | 100000 | 10 years | 3 years | punitive damages |
| Arizona | Varies by Case | upto 25 years | Varies by Case | |
| Arkansas | 1000-150000 | 10-15 years | 10 years max | Community Serivce |
| California | 0-$10,000 | Varies by Case | 0-1 yr. | |
| Colorado | 750 $ | Varies by Case | three years | |
| Connecticut | $33 Million | 20 years | Varies by Case | |
| Delaware | $300-$1500 | 10-30 years | 1-5 years | community service |
| District of Columbia | Varies by Case | Varies by Case | Varies by Case | they can face criminal prosecution, fines, and the loss of their broker’s license, among other penalties. |
| Florida | $10,000-$1,000,000 | 1 year-25 years | up to 5 years | Judge may order restitution as a result. |
| Georgia | 10000 $ - 1,00,000 $ | up to 10 years with the embezzlement of public funds | 5 years | |
| Hawaii | 500000 | 5 years | 1 year | |
| Idaho | $10,000-$250,000 | up to 15 years | up to 5 years | Judge may order restitution and/or house arrest after parole. |
| Illinois | 150000 | upto 7 years | Varies by Case | 500 hours of community service |
| Indiana | excess of $2500 | 2 years | Job termination | |
| Iowa | $6500-6,00,000 . | 0-7 years | 1-3years. | |
| Kansas | Varies by Case | up to 30 years | Varies by Case | forfeiting their assets, relinquishing incriminating information about personal and professional associates, and sacrificing their rights to further relationships with the government or corporate world |
| Kentucky | Varies by Case | Varies by Case | Varies by Case | they can face criminal prosecution, fines, and the loss of their broker’s license, among other penalties. |
| Louisiana | $10,000-$2,500,000 | 2 years-75 years | up to 5 years | Judge may order restitution. |
| Maine | $10,000 - $1,000,000 | 1-25 years | up to 5 years | Judge may order restitution as a result. |
| Maryland | $10,000-$100,000 | 1-15 years | up to 5 years | Judge may order restitution. |
| Massachusetts | $1000 -$250000 | 1 month-20 years | 1 year | community service |
| Michigan | $1,000-$19 million | 12-121 months | 18-60 months | |
| Minnesota | $10,000-$250,000 | 1 year-15 years | up to 3 years | Judge may order restitution. |
| Mississippi | $200-$2 million | 20-30 uears | upto 2 years | |
| Missouri | upto $7.5 million | upto 30 years | Varies by Case | |
| Montana | $10,000-$250,000 | up to 10 years | up to 3 years | Judge may order restitution. |
| Nebraska | full restitution | 1-2years | Varies by Case | |
| Nevada | All Corporate Farud fines are dependingn upon the money value | Maximum 25 years | Varies by Case | |
| New Hampshire | $500000-$33 Million | 3 years | 3 years | community service |
| New Jersey | $10,000-$250,000 | 1 year to 15 years | up to 5 years | Judge may order restitution. |
| New Mexico | Varies by Case | Varies by Case | Varies by Case | they can face criminal prosecution, fines, and the loss of their broker’s license, among other penalties. |
| New York | $150k | five-to-eight-year | three years | community service |
| North Carolina | upto $5000 | Varies by Case | Varies by Case | |
| North Dakota | Varies by Case | 12 years | 6-8 months | community service |
| Ohio | $5,00,000 to $ i million | five to ten years | Varies by Case | For document shredding, The CFO's certify to that company false reports |
| Oklahoma | 5000 | six months home Confinement | 3 years | |
| Oregon | $10,000-$250,000 | 1 year-25 years | up to 5 years | Judge may order restitution and/or house arrest after parole. |
| Pennsylvania | $1700-$25000 | 4-6 years | 3-10 years | community service |
| Rhode Island | $100-$150 | 10-12 years | Varies by Case | |
| South Carolina | $25000-$2 million | 2-10.5 years | 3-4 years | |
| South Dakota | 250000 | 36 months-10 years | 57 months | associated with embezzlement charges |
| Tennessee | $2500 to $25,000 | zero to 30 years | Varies by Case | |
| Texas | 15000-250000 $ | Varies by Case | 9yrs - 12 yrs | |
| Utah | $180 Million (Corporate Fraud fines are depending upon the value) | upto 30 years | Varies by Case | |
| Vermont | 1000 | 9 months | 9 months | suspend license |
| Virginia | 7500 | six-year | 12 - 13 months | community service |
| Washington | $10000-$1 million | 13 months-10years | 18 months-3 years | community service |
| West Virginia | $750 to $500000 | 30 days - 12 years | 2-5 years | community service,drug classes |
| Wisconsin | $250-$7500 | one year | three years | suspension or loss of driver’s license |
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