Main Aspects of Organizational Fraud

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Criminal fraud

Criminal fraud is when individuals lie or conceal information and the other side is hurt by that lie. It is a big crime and individuals can be arrested and convicted if proven guilty. Some of the penalties are imprisonment, restitution or probation. If one is accused of criminal fraud, it will be necessary to contact an experienced criminal defense attorney. An experienced attorney helps the victim to get a lesser sentence or charges dismissed. There are various factors that determine how the case will be handled. The seriousness of criminal fraud or any other bad acts can lead to a penalty given to the accused. These factors can be handled well if one chooses to hire a professional criminal fraud defense attorney who is efficient in tackling cases like this.

Security litigation

A securities fraud class action is a lawsuit filed by investors who bought or sold a company’s securities within a certain range of time and suffered economic trouble due to a violation of securities laws. A securities litigation attorney deals with enforcement actions and the investor’s arbitrations and lawsuits. Whether one is an investor or broker-dealer, one’s litigation in the heavily restricted securities industry needs careful planning, experience, and dynamic trial skills. Most cases succeed but when they fail, fraud lawyers represent individuals through trial or arbitration to secure savings, a retirement portfolio license or business.

Regulatory investigations and litigation

Securities experts work with a required set of rules, laws, and regulations, they play parts in oversight and licensing of the security industry. They litigate and investigate licensed individuals and companies they supervise. Also, they allow lawyers to gather documents, take testimonies under oath and gain information from members of the firm and their employees. The request goes with a short deadline for responses which are truthful. Regulatory investigations are usually handled geographically though there are exceptions. A regulatory investigation sometimes leads to regulatory litigation. Before litigation is filed, regulators request whether there is a chance for a settlement. If a case fails to settle, the regulator usually sends a “Wells Notice” which is a letter explaining the claim the regulators wish to bring against the advisor affiliate or broker-dealer. Many cases settle before even going to trial.

Unfair competition, trade secrets, and employment raiding litigation

Employees tend to owe their employer an understanding of loyalty. Employees may breach their duty of loyalty when a high-ranking employee helps a competitor while still on the payroll of the current employer. The employee is also responsible for maintaining their employer’s trade secrets. Key employee compensation packages can also include the confidential trade secrets of an employer. Employee raiding is viewed as an anticompetitive business practice as it is done to injure competing business. Employee raiding and trade secrets claims happen with similar regularities in securities industry due to the nature of client-advisor relationships and mobility of brokers among firms. Raiding cases are usually subject to the broker protocol and individuals should consult fraud lawyers for help.

Conclusion

Individuals should consult professionals experienced in legal matters and advising employers and employees. They can request help in counseling departing employees and new employees on best ways to mitigate litigation risks and also in advising employers about business considerations involved in certain areas of litigation.

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