While a corporation may be able to escape criminal charges, they still have to deal with the consequences of their actions. A recent example is the Wells Fargo corporate fraud, in which employees were given unrealistic sales goals and encouraged to open false accounts.
refundee.com/money-back-bank-transfer fake accounts were created using the names of existing customers, and the bank ultimately profited from more than two million false accounts. Even if the company did not get caught, it was still subject to a fine of $3.1 billion, as well as the loss of customer trust.
Federal charges of corporate fraud can make a high-level career almost impossible. A corporate fraud conviction would make it nearly impossible for a CEO, CFO, or board member to return to their position, and many of these executives are barred from acting in any fiduciary capacity for a set period of time. As a result, the ramifications on a defendant's professional life are almost as damaging as the formal criminal punishments. The federal defense attorneys who work in these cases understand that the reputational harms are just as significant.
Another case involving a large corporation is the Enron accounting scandal. A number of employees at this major energy company hid declining revenues and debt problems from their employers. As a result, the company and its accounting firm went under. Enron and its auditor, Arthur Andersen, lost billions of dollars to creditors and led to the passage of the Sarbanes-Oxley Act in 2002. The law is now requiring companies to be more transparent with their financial reporting.
As the name suggests, corporate fraud cases are often complex. A company may be the victim of both internal and external fraud. Some of these cases have even occurred in high-level positions, with company leaders unaware of the nature of the fraud. Regardless of whether or not a company's leaders know about a potential fraud, it's vital to hire an experienced fraud barrister to help defend the company. Solicitors in this field are highly knowledgeable and skilled in dealing with these cases.
Organisations with robust whistleblowing procedures have a much better chance of catching fraudulent attempts before they happen. This is why leaders should encourage and reward whistleblowers who reveal suspicious activity within their companies. Incentives that reward whistleblowers are also important. If a company rewards whistleblowers, the results could be enormous. There is no single way to prevent fraud, but the best way to fight it is to prevent it from happening in the first place.
In recent years, the SEC has aggressively pursued corporate wrongdoers through the use of its enforcement powers. In the current fiscal year, the SEC is seeking to recover compensation and assets from more than 500 defendants involved in corporate fraud. In addition to this, more than one hundred new cases have been filed as a result of the Enron and Adelphia scandals. These cases highlight how critical a comprehensive and timely fraud risk assessment is for a company to avoid a criminal conviction.
As the pressure mounts on companies to reduce the risks associated with fraud, the companies must adopt an 'if in doubt, report it' culture to minimize the risk of such occurrences. In the UK, the Law Commission is currently consulting on whether to extend corporate civil liability to cover corporate wrongdoing. If passed, this could put even more pressure on the financial sector. It will also lead to greater criminal prosecutions, which is why companies should adopt best practices to prevent fraud and mitigate its risk.
Despite the widespread effects of corporate fraud, the consequences are not as dire as they seem to be. Many companies fail because they are unable to cover their loans, customers stop using their products, and competitors undercut them. As such, many companies resort to fraud. A big company facing bankruptcy can be crippled, but with a proper investigation, the company can emerge from a bankruptcy case. So, how do you protect yourself and your business from a fraudulent organization?
A recent example of corporate fraud is the Wirecard case. This German company had a CEO who engaged in a classic Ponzi scheme and eventually collapsed. In addition, the Wirecard accounting auditors found that there was a $2 billion discrepancy between the company's books and the actual amount of money held by the company. A company's bankruptcy is not a guarantee of success, and you should seek professional advice before investing in any company.
You need to be a member of On Feet Nation to add comments!
Join On Feet Nation