Can I be Found Guilty Even if I Didn’t Know Fraud Was Being Committed?

If you’re the CEO of a healthcare company and the company’s been charged with fraud, can the CEO be found liable? It depends. If the government is able to prove that you had some knowledge that some improper billing activities were going on and you didn’t do anything about it to correct it, that could possibly subject you to criminal liability.

The other thing too is you can’t turn a blind eye to potential fraud or criminal behavior going on in your organization. What we call that is willful blindness and you can’t engage in willful blindness and say, well, if I don’t see it, I don’t pay attention to it, then I can’t be found liable for it.

If the government can show that you turned a blind eye and should have known that this was going on and didn’t do anything to stop it, it could potentially subject you to criminal liability.

Author Bio

James P. Whalen

James P. Whalen is the managing attorney and founder of Whalen Law Office, a Texas criminal defense firm offering personalized legal representation for various federal criminal charges. With a commitment to providing comfort and guidance during challenging times, Mr. Whalen serves as both an attorney and counselor to his clients, helping them navigate their cases while striving to restore normalcy to their lives.

In an inherently unbalanced criminal justice system, Mr. Whalen takes on cases with unwavering dedication. With decades of legal experience, he offers representation across various criminal charges, including white-collar crimes, violent crimes, drug charges, and more. Mr. Whalen’s numerous accolades, including Super Lawyer recognition and board certification in Criminal Appellate Law and Criminal Law, reflect his unwavering commitment to ethical and high-quality legal representation.

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