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Whitsle blower and now being investigated

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  • #16
    Re: Whitsle blower and now being investigated

    Sorry for the delay, had guests at home the entire day.

    How much has the fraudster benefitted?
    dont know.

    Did you benefit?
    not at all

    Why did you do it when you knew it was wrong?
    i didnt know he was making me do something wrong as it was part of the day job till they started investigating and thats when I realised what he made me do was related to his fraud.

    Participating in crime whether you know it or not,!!!
    Following work orders, how would one know that he is making you do something wrong??

    Please tell me openlaw15 where do i stand?




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    • #17
      Re: Whitsle blower and now being investigated

      Originally posted by Openlaw15 View Post
      How much has the fraudster benefitted? Did you benefit? Why did you do it when you knew it was wrong? At the end of the day, you have potentially assisted a criminal benefit from fraud, which is a criminal offence. You may well have a defence if he coerced you in that your were under duress. From the employer's position, it does not make for a good employee who is vulnerable to assist a criminal as your employer alludes, so it is likely gross misconduct. Participating in crime whether you know it or not, to whistle-blow or not, is still likely a breach of trust against the employer by the employee, ie you.
      Hi please reply

      Comment


      • #18
        Re: Whitsle blower and now being investigated

        Originally posted by Stuck View Post
        Sorry for the delay, had guests at home the entire day.

        How much has the fraudster benefitted?
        dont know.

        Did you benefit?
        not at all

        Why did you do it when you knew it was wrong?

        "I didnt know he was making me do something wrong as it was
        part of the day job till they started investigating and thats when I realised what he made me do was related to his fraud."

        How was it part of your day job, what was the fraud involved? Fraud is defined as a lie for a gain or another's loss: Fraud Act 2006. What was the particular lie/ misrepresentation that you were allegedly doing a part of your day job albeit you didn't know it was a crime? Did it involve accounts and exaggerating figures, did you use your signature to authorise payments when you shouldn't have?

        Participating in crime whether you know it or not,!!!
        Following work orders, how would one know that he is making you do something wrong??"

        If the police or prosecution do not have any evidence to prove you were committing fraud as a joint enterprise, ie both main (principal) offenders they look at it another way, principal and accessory offenders. Under the Accessories and Abetting Act 1861, a person aides or abets another if he assists, procures, counsels the other to commit an offence.

        Please tell me openlaw15 where do i stand?




        Update:

        Unless the police have evidence of fraud against you or that you're not an innocent agent (under aid, abet), it's unlikely there will be police charges. From what you tell me I do not believe there is a case to answer. If your employer sacks you, you could argue it is unfair dismissal as you have done nothing wrong except follow manager's instructions. You could argue it is the responsibility of the company as to whom it puts in managerial positions and not employees who merely follow managerial instructions.

        Hello again, Stuck

        You say this: "But they are now questioning me as to how could you do something on the managers instruction when you know it is wrong."

        You are not yet under a criminal investigation. However, I cannot provide an opinion until I know the facts.

        Just try not to worry at this point is my advice.

        ** I have only studied qualifying law degree level criminal law, I am not an expert and not criminal lawyer.**
        Last edited by Openlaw15; 25th April 2016, 12:13:PM.

        Comment

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