Building costs are soaring ever skyward, which can cause contractors to worry about their projects’ bottom lines. Some may even be tempted to make some substitutions in the quality of premium materials the contract says they will be using.
It’s such a little lie. Hard to detect, and likely not to matter too much in the end. Right?
Better check that final invoice
By using substandard materials, e.g., substituting utility grade pine for the required Douglas fir grade on all ceiling and floor joists, lintels and rafters, and submitting an invoice using the premium grade instead, you open yourself and your company up to allegations of fraud.
Here in Minnesota, the charge is called theft by swindle, and you could wind up in jail if convicted.
Beware of overzealous prosecutors
For the prosecution, it’s all about having a winning record to burnish when re-election time rolls around. Since the prosecutors only take on cases they see as winnable, it means that they may pull out all the stops to rack up another win.
At its core, theft by swindle charges focus on any attempts at misrepresentation for financial gain. Thus, what may have seemed like only a minor, behind-the-scenes business choice can be reframed by a prosecutor as a deliberate criminal act.
Could you be facing criminal charges?
If so, it is always prudent to get out ahead of the situation to give you some control over its outcome. Now is not the time to go it alone. Rather, you need to retain the services of a strong criminal defense team to preserve the integrity of your business and your good name.
Failing to act only worsens the peril
Your legal team can help you by reframing the incident as a billing or coding error rather than the fraud a prosecutor will try to prove in court. Everyone can make a mistake and mitigate its damage to clients and customers without fraud allegations prevailing.
Don’t wait another day to address this problem. Both your and your company’s reputations are at stake, so don’t hesitate to reach out for help with your problem.
