Legal Question in Business Law in Washington
Billing Fraud
By accident, we found out that our employer is overchargeing the clients for services. The company is billing between 50% and 103% over our wages. They are also billing for Department Heads that don't exist. If 5 people work on the call, the client gets billed for 7! Some crew get 4 hour calls, the client gets billed for 8! I can understand a markup for our labor, but phantom crew members sounds like fraud to me. Is this a crime? What are our responsibilities if it is?
1 Answer from Attorneys
Re: Billing Fraud
The term "fraud" has some very specific meanings in the law. The implications that you raise in your message or inquiry are potentially very serious. If your company management is acting in a manner that is a wilfull and deliberate misstatement of fact relating to charging for services, there could very well be fraud or at least commercial misappropriation. If the bills are mailed, there could potentially be federal jurisdiction for mail fraud and other such similar charges. I would carefully invesitgate this billing practice to make sure that the company isn't billing on a flat rate basis or some other billing method that seems to come out to be a multiple of normal charges. If there is an obvious mistatement of charges, as you stated billing for hours not worked or for non-existent personnel, then there is something extremely bad going on and you should report it to the highest level of manahgement. If you suspect that management is involved, then you need to report this to the board of directors of your company or your ownership.
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