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Criminal Justice

Who Is Held Responsible for Invoice Fraud?

By January 6, 2025No Comments

Invoice fraud is a white-collar crime that can lead to complex investigations and severe consequences for individuals and companies alike. 

In New Orleans, Capitelli & Wicker is a trusted ally in white-collar defense, representing clients in all stages of investigation and prosecution. With a team experienced in both state and federal courts, the firm provides essential guidance to individuals and corporations dealing with invoice fraud and other white-collar charges

In this blog, we’ll explore who may be held responsible in invoice fraud cases, the types of individuals and entities involved, and why having experienced defense attorneys by your side is vital if you are accused of invoice fraud.

Understanding Invoice Fraud and Its Forms

Invoice fraud typically involves the use of fake or altered invoices to deceive a business or government agency, often resulting in financial loss. This type of fraud can take various forms, including:

  • False Invoicing: Creating fake invoices for goods or services that were never provided.
  • Double Billing: Charging multiple times for the same service or product.
  • Inflated Invoices: Overstating amounts or including unauthorized fees to increase payment.

Who Is Potentially Liable in Invoice Fraud?

The responsibility in an invoice fraud scheme can extend to several different individuals and entities, depending on the specific circumstances. Generally, those who can be held accountable include:

1. Employees and Executives

Employees involved in creating, approving, or processing fraudulent invoices are often the first to be scrutinized. Individuals such as accounts payable clerks, financial officers, or even upper-level executives may face charges if they knew of or participated in the fraud.

2. Business Owners and Contractors

In some cases, business owners or contractors are the originators of fraudulent invoices. They may attempt to manipulate billing practices to increase profits or evade taxes, risking criminal charges and fines.

3. Third-Party Vendors

Vendors and suppliers outside of the primary organization can also be implicated in invoice fraud. When they collaborate with employees or other contractors to submit fraudulent claims, they may be held responsible.

4. Corporations

Corporations themselves may also bear liability, especially if there is a lack of adequate oversight or internal controls. In these cases, the organization might face fines, reputational damage, or even restrictions on future business.

Attorneys in New Orleans who are experienced in defending white-collar crimes can provide representation throughout an investigation, helping individuals or corporations demonstrate their role was minimal or they were unaware of any fraudulent activities.

Legal Consequences of Invoice Fraud

Those involved in invoice fraud face a range of penalties, including fines, restitution, and imprisonment, depending on the severity and extent of the fraud. In cases where federal agencies are involved, such as the Department of Justice (DOJ) or the Internal Revenue Service (IRS), the stakes can be even higher.

  1. Fines and Restitution: Financial penalties may include repaying the amount defrauded, in addition to hefty fines.
  2. Imprisonment: Convictions for serious fraud offenses can lead to significant jail time.
  3. Professional Consequences: Executives, employees, and contractors may face suspension, job loss, or debarment from future contracts.

Why Experienced Legal Counsel Is Essential

Navigating an invoice fraud case without experienced legal guidance can increase the risk of conviction and higher penalties. Capitelli & Wicker’s extensive experience defending clients in both criminal and civil cases makes them uniquely positioned to help. Here’s why professional counsel is critical:

  • Knowledge of Financial Crime Defense: With a strong understanding of white-collar crime, Capitelli & Wicker’s attorneys know the ins and outs of defending complex fraud cases.
  • State and Federal Representation: Since many cases involve both state and federal authorities, the firm’s experience in both court systems provides a leg up.
  • Reputation Management: For high-profile cases, protecting one’s reputation is just as crucial as avoiding penalties. 

White-Collar Defense Attorneys in New Orleans, Louisiana

If you or your business is facing an invoice fraud investigation, having experienced legal representation can make a significant difference. By finding a New Orleans law firm that has extensive experience helping clients navigate white-collar cases, you will have the support you need to navigate these complex cases. 

No matter the situation, you deserve the right to be protected. 

Brian Capitelli

Author Brian Capitelli

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