Laws on Corporate Fraud

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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 Penalties

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

  • Jail time
  • Probation
  • Significant fines and fees
  • Restitution

Corporate Fraud Sentencing

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.

Corporate Fraud: Fines and Jail by State

Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!

StateAvg. FinesAvg. JailAvg. ProbationOther
Alabama$2000-$5 billion6-18 months6-36 months
Alaska10000010 years3 yearspunitive damages
ArizonaVaries by Caseupto 25 yearsVaries by Case
Arkansas1000-15000010-15 years 10 years max Community Serivce
California0-$10,000Varies by Case0-1 yr.
Colorado750 $Varies by Casethree years
Connecticut$33 Million20 yearsVaries by Case
Delaware$300-$150010-30 years1-5 yearscommunity service
District of ColumbiaVaries by CaseVaries by CaseVaries by Casethey can face criminal prosecution, fines, and the loss of their broker’s license, among other penalties.
Florida$10,000-$1,000,0001 year-25 yearsup to 5 yearsJudge may order restitution as a result.
Georgia10000 $ - 1,00,000 $up to 10 years with the embezzlement of public funds5 years
Hawaii5000005 years1 year
Idaho$10,000-$250,000up to 15 yearsup to 5 yearsJudge may order restitution and/or house arrest after parole.
Illinois150000upto 7 yearsVaries by Case500 hours of community service
Indianaexcess of $25002 yearsJob termination
Iowa$6500-6,00,000 .0-7 years1-3years.
KansasVaries by Caseup to 30 yearsVaries by Caseforfeiting their assets, relinquishing incriminating information about personal and professional associates, and sacrificing their rights to further relationships with the government or corporate world
KentuckyVaries by CaseVaries by CaseVaries by Casethey can face criminal prosecution, fines, and the loss of their broker’s license, among other penalties.
Louisiana$10,000-$2,500,0002 years-75 yearsup to 5 yearsJudge may order restitution.
Maine$10,000 - $1,000,000 1-25 yearsup to 5 yearsJudge may order restitution as a result.
Maryland$10,000-$100,0001-15 yearsup to 5 yearsJudge may order restitution.
Massachusetts$1000 -$2500001 month-20 years1 yearcommunity service
Michigan$1,000-$19 million12-121 months18-60 months
Minnesota$10,000-$250,0001 year-15 yearsup to 3 yearsJudge may order restitution.
Mississippi$200-$2 million20-30 uearsupto 2 years
Missouriupto $7.5 millionupto 30 yearsVaries by Case
Montana$10,000-$250,000up to 10 yearsup to 3 yearsJudge may order restitution.
Nebraskafull restitution1-2yearsVaries by Case
NevadaAll Corporate Farud fines are dependingn upon the money valueMaximum 25 yearsVaries by Case
New Hampshire$500000-$33 Million3 years3 yearscommunity service
New Jersey$10,000-$250,0001 year to 15 yearsup to 5 yearsJudge may order restitution.
New MexicoVaries by CaseVaries by CaseVaries by Casethey can face criminal prosecution, fines, and the loss of their broker’s license, among other penalties.
New York$150kfive-to-eight-yearthree yearscommunity service
North Carolinaupto $5000Varies by CaseVaries by Case
North DakotaVaries by Case12 years6-8 monthscommunity service
Ohio$5,00,000 to $ i millionfive to ten yearsVaries by CaseFor document shredding, The CFO's certify to that company false reports
Oklahoma5000six months home Confinement3 years
Oregon$10,000-$250,0001 year-25 yearsup to 5 yearsJudge may order restitution and/or house arrest after parole.
Pennsylvania$1700-$250004-6 years3-10 years community service
Rhode Island$100-$15010-12 yearsVaries by Case
South Carolina$25000-$2 million2-10.5 years3-4 years
South Dakota25000036 months-10 years57 monthsassociated with embezzlement charges
Tennessee$2500 to $25,000zero to 30 yearsVaries by Case
Texas15000-250000 $Varies by Case9yrs - 12 yrs
Utah$180 Million (Corporate Fraud fines are depending upon the value)upto 30 yearsVaries by Case
Vermont10009 months9 monthssuspend license
Virginia7500six-year12 - 13 monthscommunity service
Washington$10000-$1 million 13 months-10years18 months-3 yearscommunity service
West Virginia$750 to $50000030 days - 12 years2-5 yearscommunity service,drug classes
Wisconsin$250-$7500one yearthree yearssuspension or loss of driver’s license

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